CAV JUDGMENT

(Per: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL)

Date: 19.-07-2017

These four appeals each filed by one appellant question the legality of the judgment of conviction dated 12.02.2013 and order of sentence dated 13.02.2013 passed by the learned Ad hoc Additional Sessions Judge III, Darbhanga, in Sessions Trial No. 33 of 2010. The trial Court convicted all the appellants under Section 302/34 of the IPC and Section 120B of the IPC and sentenced them to undergo RI for life with fine having default clause and R.I. for 14 years respectively. Appellant Ranjit Sahni @ Kharha Sahni of Cr. Appeal no. 314 of 2013 was additionally held guilty under Sections 380 and 411 of the IPC and sentenced to undergo S.I for 03 years with fine having default clause and R.I. for one year respectively.

2. The factual background of the prosecution case as unraveled at the trial is that on the morning of 25.08.2008, the SHO of Singhwara P.S. on receiving a message regarding the murder of a couple in the village Singhwara north Ramkunj Mohalla records a „Sanha‟ and proceeds to the village where the statement of PW-22 was recorded on the same day at 9 A.M. PW-22 disclosed in the „fardbeyan‟ (Ext. 9) that in the morning of 25.08.2008 Shatrudhan Bhagat (PW-16) informed him that when he visited in the morning the house of the deceased Sita Ram Jha @ Rabindra Nath Jha for supplying milk, he did not find any response from the inmates. He also noticed blood spots on the „darwaja‟ of his house. On hearing this, the informant (PW-22) with some of the villagers went to the house of the deceased only to find that the doors were ajar. As he entered into the bed room Rabindra Nath Jha and his wife Kalpna Jha (the two deceaseds) were seen lying dead in a pool of blood. The articles kept in the room were scattered. There was profuse bleeding on the floor in which the foot print of the miscreant was also seen. He further stated that the entire details of the belongings of the deceased which might have been stolen and the reason for causing death of the couple shall be explained by the two sons and daughter of the deceased couple. After recording the „fardbeyan‟. PW-25 took up the investigation of the case and inspected the place of occurrence which was the house of the deceased couple having a fenced front yard. Through a grille gate entry into the house was possible through verandah whereafter there were two bedrooms. In one bedroom the two deceased(s) were found lying in pool of blood tied their legs with a white cloth. Immediately, he prepared the „punchnama‟ of the dead body of Rabindra Jha (Ext. 11/1) in presence of PW-22 and PW19 whereas „punchnama‟(Ext.11) of the dead body of his wife Kalpna Jha was drawn in presence of PW- 1 and PW3. Their signatures over the „punchnama‟ of deceased Kalpna Jha are marked as Exts.1/1 and ½ respectively. Similarly, the signatures of PW-22 and PW-19 have also been proved. The seizure of the some of the noted articles from the place of occurrence were also effected by the I.O.(PW-25) which have been proved at the trial as Exts-12. The two dead bodies were dispatched for holding post mortem examination(s). In course of investigation, the appellant Shambhu Kahar was arrested on 12.10.2008 and his confessional statement (Ext.15) was recorded by the I.O. On disclosure made by him, from the paddy field near the house of the appellant Shambhu Kahar, one iron „katta‟(dabiya) (Ext.VII) without wooden handle wrapped in a cloth was discovered/recovered which was seized under Ext. 16. On the same day the I.O. along with appellant Shambhu Kahar visited the jewellery shop of PW-7 and his statement was recorded. From the shop of PW-7 some golden balls, gold chain and „nugs‟ used in the ring etc. were seized under Ext. 17. The I.O. thereafter recorded the statement of Sarovar Kahar (PW23) who is full brother of appellant Shambhu Kahar. On 19.10.2008 appellant Ranjit Sahni of Cr. Appeal no. 314 of 2013 was arrested at Bithouli chowk and hi