JUDGMENT

Sanjay Karol, J. - Allegedly in the night intervening 23rd-24th June 2015, accused Niranjan @ Alakhdeo Kumar (hereinafter referred to as Niranjan) and accused Birendra Kumar (hereinafter referred to as Birendra) murdered Smt. Rekha Devi and her two daughters, namely, Ms. Komal Kumari and Ms. Anshu Kumari. As such both of them were charged for committing offences under Section 302 /34 of the INDIAN PENAL CODE . The Trial Court, vide judgment dated 18th January 2018 passed in Sessions Trial No.632 of 2015, found the Prosecution not to have established its case against accused Birendra and as such acquitted him. But, however, found sufficient evidence, though not direct but circumstantial, against accused Niranjan and convicted him for committing an offence punishable under Section 302 of the INDIAN PENAL CODE . Considering the gravity of the crime, accused Niranjan was awarded sentence of death, to be hanged by the neck till death, along with a fine of Rs.20,000/-, in default thereof, to undergo simple imprisonment for a period of one month.

2. The Death Reference No.01 of 2018 titled as The State of Bihar Versus Niranjan @ Alakhdeo Kumar is for confirmation of such sentence.

3. The Prosecution, as recorded vide order dated 07th July 2020, has already made known the intent of not filing an appeal against the judgment of acquittal of Birendra. Also, the complainant has not preferred any appeal.

4. Independently, Niranjan has filed an appeal being Cr. App (DB) No.491 of 2018 titled as Niranjan @ Alakh Deo Kumar Versus The State of Bihar, challenging the conviction and sentence against him. As such, both these matters are being heard and disposed of vide common judgment.

5. It is the case of Prosecution that in the early hours of the night intervening 23rd-24th June 2015 (sometime at about 00:05 am), through the telephone, the police got information of a multiple murder which took place in Village- Kushwaha Tola, Balu Ghat Road, Sultanganj, Bihar. The Police Party headed by Binod Kumar Jha (P.W.9), Sub-Inspector of Police, Sultanganj Police Station reached the spot. Learning that murder had taken place inside a house which was bolted from inside, he broke open the main door, and upon entering found three dead bodies lying at different locations. The incident was brought to the notice of superior officers, as such Senior officers, including the Senior Superintendent of Police, who on reaching the spot directed him to continue with the investigation.

6. This Officer got the dead bodies identified and prepared inquest reports dated 24th June 2015 (Exts.5, 5/A and 5/B). With the completion of the spot investigation, he sent the dead bodies for conducting a postmortem. He recovered the incriminating materials, including blood-stained clothes of accused Birendra, and recorded his disclosure statement, dated 24th June 2015 (Ext-6). Accused Birendra was arrested from his house situated near the spot of crime, and accused Niranjan was arrested soon thereafter.

7. The same day i.e. 24th June 2015, Pankaj Sah (P.W.1), brother of the deceased Rekha Devi, got lodged a complaint dated 24th June 2015(Ext-1) revealing the complicity of both the accused in the crime, and the motive of the murder as property of Rekha Devi.

8. Deceased Rekha Devi was married to Ajay Sah, resident of Kushwaha Tola, Balu Ghat Road, Sultanganj and had three children (two daughters, namely Komal Kumari and Anshu Kumari (both victims) and one son Man