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2007 Supreme(Pat) 1662
PATNA HIGH COURT
Chandramauli Kumar Prasad and Rekha Kumari JJ.
Krishna Kant Jha, Suchita Devi, Mohan Jha, Lalan Jha, Mithilesh Jha, Awadhesh Kumar Jha
Versus
Awadhesh Kumar Jha : State Of Bihar
Death Reference No. 3 of 2005 ;
Criminal Appeal No. 314 of 2005 ; 420 of 2005 ;
Decided On : OCTOBER 9, 2007
Headnote:Indian Penal Code, 1860-Sections 302/34 and 201-Murder of a three year old boy and concealing his dead body in the earth-Non-examination of all the persons accompanying the informant in search of his son-Some of such persons examined and their evidence cannot be rejected only on the ground that other witnesses not-examined-It is not the quantity of evidence but the quality which is material-Though there is no eye-witness to the occurrence but circumstances conclusively pointing towards the guilt of the appellants Awadhesh Kr. Jha and Lalan Jha u/s 302/34-Appellant Awadhesh Kumar Jha had motive to commit the crime and admitted his guilt in his statement u/s 313 Cr.P.C.-Other appellants seen burying the dead body and seeing the witnesses tried to flee away-However, there is no chain which connects the appellants of Cr. App. 314/05, except the appellant Lalan Jha with the offence of murder-Murder and burial of dead body taking place at two different places-Conviction of appellants Awadhesh Kr. Jha and Lalan Jha maintained-However, case of Awadhesh Kr. Jha, not failling within the category of rarest of rare cases and accordingly death sentence commuted to life imprisonment-Conviction of other appellants set aside. (Paras 30, 31, 32, 36, 37, 43 and 45)
2006(4) PLJR 479, 2007(2) PLJR 656 -Referred to.
Chandramauli Kr.Prasad and Rekha Kumari JJ.
1. Suchita Devi and Satya Narayan Jha besides their sons Krishna Kant Jha, Mohan Jha, Awadhesh Kumar Jha, Mithilesh Jha and Lalan Jha were put on trial for commission of offence u/s. 302 read with Ss. 34 and 201 of the Indian Penal Code. Additional Sessions Judge, Fast Track Court No. III, Vaishali at Hajipur by judgment and order dated 9.03.2005 and 10.03.2005 held them guilty on all the counts and sentenced Awadhesh Kumar Jha to death for offence u/s. 302/34 of the Indian Penal Code but no separate sentence was awarded to him on other count. Others found guilty of offence u/s. 302/34 of the Indian Penal Code have been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 3,000.00 each, in default to suffer simple imprisonment for six months. All of them have further been sentenced to undergo rigorous imprisonment of three years for offence u/s. 201 of the Indian Penal Code and fine of Rs. 1,000.00 each, in default to suffer simple imprisonment for one year. All the sentences have been directed to run concurrently.
2. The learned Judge had submitted the proceeding for confirmation of the death sentence of Awadhesh Kumar Jha, which has been registered as Death Reference No. 3 of 2005. Awadhesh Kumar Jha, aggrieved by his conviction and sentence has also preferred appeal which has been registered as Criminal Appeal (DB) 420 of 2005. Rest of the convicts together have preferred separate appeal, which has been registered as Criminal Appeal (DB) No. 314 of 2005. All of them shall hereinafter be referred as the appellants.
3. Both the appeals and the death reference have been heard together and are being disposed off by this common judgment.
4. Prosecution commenced on the basis of the fardbeyan given by Bhuwneshwar Jha (P.W. 5) on 7.4.2001 at 12.00 noon before the Sub-Inspector of Police of Jandaha Police Station. According to the Informant on 7.4.2001 Appellant Lallan Kumar Jha had taken away his three years old son Nikesh Kumar on the pretext of playing and when he did not return made search of him. In course thereof he reached at 11 hours near the Ikri field by the side of the river alongwith his co-villagers Moti Lal Sah (P.W. 3), Rama Kant Jha (P.W. 2), Guru Dayal Jha (P.W. 4) and few other co-villagers and saw all the appellants concealing something under the earth. When they reached there, saw in the ditch finger of a child protruding from the earth. On removal of the earth, the dead body of Nikesh Kumar having his neck slit from the back was found. Appellants started fleeing away from there but appellants Mohan Jha, Suchita Devi and Awadhesh Kumar Jha who were armed with Garasa were apprehended. All other appellants fled away from the place of occurrence.
5. The motive of the occurrence, according to the First Information Report is a dispute between the appellants and the informant over the land belonging to the informant. On the basis of the aforesaid information, Jandaha Police Station Case No. 49 of 2001 was registered under Ss. 302 and 201/34 of the Indian Penal Code against all the appellants, besides Satya Narayan Jha who died during the pendency of the trial.
6. Police after usual investigation submitted charge-sheet against all the appellants, besides aforesaid Satya Narayan Jha and ultimately all of them were committed to the Court of Sessions, where they were charged for committing murder by intentionally causing the death of Nikesh Kumar in furtherance of their common intention, punishable u/s. 302/34 of the Indian Penal Code. They were further charged for causing disappearance of evidence of murder in order to screen themselves from legal punishment punishable u/s. 201 of the Indian Penal Code. Appellants pleaded not guilty and claimed to be tried.
7. Prosecution in order to bring home the charge had altogether examined eight witnesses. P.W. 1 Vivek Kumar Jha, P.W. 2 Rama Kant Jha, P.W. 4 Guru Dayal Jha and P.W. 5 Bhuwneshwar Jha are alt
