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1992 Supreme(Pat) 160
PATNA HIGH COURT
Om Prakash and A.N.Chaturvedi JJ.
State Of Bihar
Versus
Arjun Marik
Reference No. 1 of 1991 ;
Decided On : APRIL 24, 1992
Death sentence should be awarded in a rarest of the rare cases.
Headnote:
CRIMINAL - Murder - Conviction and sentence - Confirmation of death sentence - Circumstances and probabilities of the case - Held, the conviction of the appellants is well founded and calls for no interference. The sentence of death does not require any interference.
Fact of the Case:
Deceased Sitaram Jha, aged about seventy years, was an issueless money lender. He used to lend money to appellant Arjun Marik also under supervision of his nephew, informant Surnath Jha (P. W.6 ). On 19-7-1985, at about 7.30 to 8. P. M. , appellant Arjun Marik along with his appellants Bansi Marifc and Mulo Marik, arrived at the house of Sitaram situated in Chetannyanath Jajbare Path in Deoghar town, P. S. Deogbar. Distt. Deognar, to raise a loan for purchasing she- bufallow. Sitaram did not readily agree to advance further loan on the ground that only two months back, he had lend Rs.10,000/- to Arjun for purchasing she-bufallow. Besides dues were also outstanding against him from before. He told him that he would advance further loan only after accounting. When Arjun insisted, Sitaram raited his nephew Surnath Jba and asked hire to settle the accounts next morning. Thereafter, deceased Bharti @ Sugwa served meals to these appellants. They were given a room on the upper floor to sleep for the Bight. Sitaram retired on a cot in the verandah adjacent to the said room. Deceased Kamakhya Devi, wife of sitaram, and Bharti and Sugwa slept in the Varandah on the ground floor. The informant returned to his adjacent house.
Finding of the Court:
From the above discussion of evidence, circumstances and probabilities of the case I come to the conclusion that the conviction of the appellants is well founded and calls for no interference. As regards sentence, it is well settled by now that death sentence should be awarded in a rarest of the rare oases. In the instant case the convicts have committed three cold-blooded murders without any provocation just to loot money. One of the victim is 70 years old person who had reposed confidence in them and allowed them to stay and sleep in his house for the night before accounting was done next morning. They also murdered his old wife in cold-blood who too was an old and infirm lady. They also murdered in cold-blood a 13 years old female child, a maid servant of the old infirm couple. They have committed extremely heinous crime Just to have monetary gain namely to loot money of Sitaram who was insisting on accounting and repayment of earlier dues before advancing any further loan. In my view, in such a case a case no leniency is warranted. The adequate sentence must be the sentence of death. I am therefore of the opinion that the sentence of death does not require any interference.
Issues: None
Ratio Decidendi: In the instant case the convicts have committed three cold-blooded murders without any provocation just to loot money. One of the victim is 70 years old person who had reposed confidence in them and allowed them to stay and sleep in his house for the night before accounting was done next morning. They also murdered his old wife in cold-blood who too was an old and infirm lady. They also murdered in cold-blood a 13 years old female child, a maid servant of the old infirm couple. They have committed extremely heinous crime Just to have monetary gain namely to loot money of Sitaram who was insisting on accounting and repayment of earlier dues before advancing any further loan. In my view, in such a case a case no leniency is warranted. The adequate sentence must be the sentence of death. I am therefore of the opinion that the sentence of death does not require any interference.
Final Decision: Appeal dismissed, and the death sentence against each of the three is hereby confirmed.
Om Prakasb, J.
1. -arjun Marik and his sons Mulo Marik and Bansi marik have been convicted for the offence punishable under Sec.302, i. P. C. and each has been sentenced to death. They have further been convicted for the offences punishable under Sections 394 and 411, I. P. C. and sentenced to undergo rigorous imprisonment for ten years and three years for such offences respectively. This is a reference for confirmation of such death sentences and appeal against the order of such convictions and santences.
2. Briefly stated, the prosecution case is that deceased Sitaram Jha, aged abont seventy years, was an issueless money lender. He used to lend money to appellant Arjun Marik also under supervision of his nephew, informant surnath Jba (P. W.6 ). On 19-7-1985, at about 7.30 to 8. P. M. , appellant arjun Marik along with his appellants Bansi Marifc and Mulo Marik, arrived at the house of Sitaram situated in Chetannyanath Jajbare Path in Deoghar town, P. S. Deogbar. Distt. Deognar, to raise a loan for purchasing she- bufallow. Sitaram did not readily agree to advance further loan on the ground that only two months back, he had lend Rs.10,000/- to Arjun for purchasing she-bufallow. Besides dues were also outstanding against him from before. He told him that he would advance further loan only after accounting. When Arjun insisted, Sitaram raited his nephew Surnath Jba and asked hire to settle the accounts next morning. Thereafter, deceased bharti @ Sugwa served meals to these appellants. They were given a room on the upper floor to sleep for the Bight. Sitaram retired on a cot in the verandah adjacent to the said room. Deceased Kamakhya Devi, wife of sitaram, and Bharti and Sugwa slept in the Varandah on the ground floor. The informant returned to his adjacent house.
3. Next morning, when girls of the neighbourhood entered Sitarams house to fetch water they found Kamakhya and Sugwa lying dead in pool of blood and raised alarm which attracted Surnath Jha and Murlidhar Jha (P. W.1), Mangla Charan Jba (since dead), Sushil Pd. Jha (P. W.4), Oovind charan Jha (P. W.2) and they found Kamakhya and Sugwa lying dead. They rushed to the first floor and found Sitaram done to death by strangulation. Arjun and his two sons were found absconding. Lock of the room on the ground floor was found broken. Lock of the trunk inside the room also was found broken. Articles were found scattered. A large number of valuables including golden neckless, golden nosepin, silver Karah, Mathia, Hasli, payal Ear-rings, Belpatra (Bel tree leaves), two silver coins, about Rs.14,000/-in currency notes, mostly of Rs.10/- denomination, dhoti, sweater and some papers were also found raising. Police arrived, Fardbeyan (Ext.3) of Surnath jha was recorded by Doman Razak (P. W.10) the then Officer Inoharge, deoghar police station, at 8 A, M. on 20-7-1985 in the house of occurrence.
4. On 20-7-1985 at about 3 P. M. police raided the house of Arjun situated in village Bara, police station Mohanpur, Distt. Deoghar, and arrested bansi and Mullo. Arjun managed 10 escape. In course of interrogation bansi and Mulo produced a plastic bag containing the all valuables stolen from sitarams house from a east facing room of their house. Such articles were seized. They were identified by Surnath Jha (P. W.6) and Murlidhar Jha (P. W.1) as the articles stolen from the house of Sharam, at a Test Identification parade. On completing the investigation, police submitted charge-sheet against the three appellants who in due course were put on trial, convicted and sentenced as above.
5. In their statements under Sec.313 of the Code of Criminal Procedure the appellants have denied the allegations claiming to be innocent and to have been falsely implicated. They have admitted the seizure. Bat they have claimed the seized property as their own. They have adduced some evidence in their defence.
6. There is no eye-witness of the murder. The learned Additional sessions Judge has relied on cir
