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2021 Supreme(Jhk) 239
IN THE HIGH COURT OF JHARKHAND AT RANCHI
SHREE CHANDRASHEKHAR, RATNAKER BHENGRA, JJ.
Mukesh Paswan, s/o Sri Raj Balabh Paswan - Appellant
Versus
The State of Jharkhand - Respondent
Criminal Appeal (DB) No.771 of 2012 With Criminal Appeal (DB) No. 773 of 2012
Decided On : 04-03-2021
For the Appellants :Mrs. Rashmi Kumar, Mr. Arwind Kumar, Advocate.
For the Informant :Mr. Binit Chandra, Advocate
For the State : Mrs. Priya Shreshtha. SpI. PP
Headnote:
Kidnapping - Indian Penal Code - 302/34, 364A/34, 201/34 - The judgment discusses the conviction and sentencing of the accused under sections 302/34 and 364A/34 of the Indian Penal Code for committing murder and causing disappearance of the dead body of the victim. The court analyzes the evidence presented, including witness testimonies, confessional statements, and forensic reports, to establish the guilt of the accused. The judgment also highlights the legal principles related to circumstantial evidence, last seen theory, and the admissibility of confessional statements under section 27 of the Evidence Act.
Fact of the Case:
The case involves the kidnapping and murder of Bhawesh Kumar Mishra, with the accused charged under sections 302/34 and 364A/34 of the Indian Penal Code. The prosecution presented evidence including witness testimonies, confessional statements, and forensic reports to establish the guilt of the accused. The court found the accused guilty based on the evidence presented.
Finding of the Court:
The court found the accused guilty based on the evidence presented, including witness testimonies, confessional statements, and forensic reports. The judgment discusses the legal principles related to circumstantial evidence, last seen theory, and the admissibility of confessional statements under section 27 of the Evidence Act.
Issues: The main issue in the case was to establish the guilt of the accused in the kidnapping and murder of Bhawesh Kumar Mishra. The court analyzed the evidence presented, including witness testimonies, confessional statements, and forensic reports, to determine the involvement of the accused in the crime.
Ratio Decidendi: The court applied legal principles related to circumstantial evidence, last seen theory, and the admissibility of confessional statements under section 27 of the Evidence Act to reach its decision. The judgment emphasizes the need for a complete chain of evidence to establish guilt and the requirement for evidence to be consistent with the guilt of the accused and inconsistent with any rational inference pointing to innocence.
Final Decision: The court dismissed the appeal filed by one of the accused and upheld the conviction and sentencing. The appeal filed by the other accused was allowed, and the accused was ordered to be released from custody. The lower court records were to be sent to the concerned court for information and necessary action.
JUDGMENT :
Shree Chandrashekhar. J.
Kamlesh Kumar Chobey @ Chitput, Mukesh Paswan and Gautam Giri were put on trial on the charge of kidnapping Bhawesh Kumar Mishra to compel his guardian to pay ransom. The accused were further charged under sections 302/34 and 201/34 of Indian Penal Code for committing murder and causing disappearance of dead body of Bhawesh Kumar Mishra. In the middle of trial, Gautam Giri took a plea of juvenility and by an order dated 11.06.2008 passed in Criminal Revision No.370 of 2006 trial of Gautam Giri was separated and sent to Juvenile Justice Board - by that time the prosecution had already examined six witnesses. The learned Additional Sessions Judge-V, Hazaribag convicted and sentenced Kamlesh Kumar Chobey @ Chitput and Mukesh Pas wan to R.I for life both under sections 302/34 and 364A/34 of Indian Penal Code and R.I for two years under section 201/34 of Indian Penal Code _ all the sentences were to run concurrently.
2. The convicts are in appeal under section 374(2) of Code of Criminal Procedure.
3. In the afternoon of 15.09.2004, Bhawesh Kumar Mishra left home for attending classes at Rajesh Tuition Centre, Ranchi Road but did not come back by the evening - normally he would return home by 05:30 PM. His uncle lodged a missing report with the police which was entered in the station diary and his fardbeyan was recorded by P.N. Ram, officer-in-charge of Ramgarh PS at about 08:30 PM the same evening. The informant has stated that while he was busy searching his nephew a call came at 07: 15 PM asking whether his brother Narendra Mishra was at home. The caller said that Bhawesh Kumar Mishra was kidnapped and would be released on payment of rupees five lacs, but when he asked about his identity the caller disconnected the phone. On the basis of statement of Upendra Mishra, Ramgarh PS Case No. 322 of 2004 was registered under sections 364 and 364A of Indian Penal Code against unknown. Next day, the villagers found a dead body in Nala (drain) inside the forest near IFFCO Guesthouse and then Naresh Mahto, Mahaveer Mahto and Raghunandan Mahto gave information that on 15.09.2004 while returning home from duty they had seen two-three boys talking to Bhawesh Kumar Mishra near IFFCO factory. Kamlesh Kumar Chobey and Gautam Giri were arrested soon thereafter and they suffered disclosure statements before the police. Bhaskar Dutta, Pradeep Kumar Singh, Mahaveer Mahto and Raghunandan Mahto were present when the dead body of Bhawesh Kumar Mishra was recovered, and the bloodstained Khukhri, wooden log and earth were also seized in their presence on disclosure of Kamlesh Kumar Chobey and Gautam Giri. From the house of Kamlesh Kumar Chobey and Gautam Giri bloodstained clothes were seized and the seized articles were sent for chemical examination. In the FSL report no stain of blood was found on the clothes of Kamlesh Kumar Chobey contained in packet-E and packet-F, however, bloodstains were found on soil, wooden log and a shirt seized from the house of Gautam Giri. After their arrest, Kamlesh Kumar Chobey and Gautam Giri were brought to telephone booth from where a call was made in the evening of 15.09.2004 at the house of the informant. Sumit Chatterjee who was an employee at Surbhi S.T.D identified Kamlesh Kumar Chobey as the person who made a call at telephone no. 223374 around 07.00 PM on 15.09.2004. He took printout of the call log and gave to the Superintendent of Police who himself was monitoring the whole operation. Later, Sumit Chatterjee in presence of the Superintendent of Police identified the accused in Test Identification Parade which was held inside the jail. Dr. Binod Narayan who conducted the postmortem examination on 16.09.2004 over the dead body of Bhawesh Kumar Mishra has found one abrasion of the size of 1/2" x 1/2" over the forehead and one incised wound of the size of 3" x 2" which slashed the
