CAV JUDGMENT

(Per: HONOURABLE MR. JUSTICE RAKESH KUMAR)

Date : 14 -12-2018

1. Two appellants namely: Raghu Tanti & Bhagu Tanti in Cr. Appeal (D.B.) No. 552 of 2013 and sole appellant namely- Jattu Tanti in Cr. Appeal (D.B.) No. 697 of 2013 were tried together, convicted and sentenced by a common judgment passed by learned Adhoc Additional Sessions Judge IV, Banka and as such both the Appeals were taken up together and are being disposed of by this common judgment.

2. By judgment dated: 15.05.2013 Sri N.K. Lall, learned Adhoc Additional Sessions Judge- IV, Banka [hereinafter referred to as the “trial judge”] has convicted all the appellants for commission of offence under Sections 302/34, 201 and 120(B) of the Indian Penal Code, 1860 ( hereinafter referred to as the “I.P.C.”) and by order dated: 18.05.2013 all the appellants under Section 302/34 of the I.P.C. were sentenced to undergo imprisonment for life and to pay a fine of Rs. 30,000/- each. Under Section 201 of the I.P.C. they were sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 5000 /- each. In case of default in payment of fine they were directed to further undergo simple imprisonment for two years and six months respectively. Under Section 120B of the I.P.C. all the appellants were directed to undergo imprisonment for life and to pay a fine of Rs. 5000/- each. In case of default in payment of fine they were directed to further undergo simple imprisonment for six months. All the sentences were directed to run concurrently. The appellants were tried, convicted and sentenced in Sessions Trial No. 627 of 2009 and 629 of 2006 [ arising out of Amarpur P.S. Case No. 201 of 2005, G.R. Case No. 1356 of 2005].

3. Short fact of the case is that on 10.12.2005 at 8.30 A.M. Sub Inspector of Police Sri J.K. Singh ( not examined ), Officer –in- charge of Amarpur Police Station recorded fardbyan of Choukidar No. 1/11 – Uchit Paswan of Amarpur Police Station. The fardbyan was recorded in Salempur Bahiyar. The informant disclosed in his fardbyan that on 10.12.2005 he was on his xLrh duty in eksgky situated in Salempur and at 7.45 A.M. (morning) he got information that in village: Salempur in the Western Somera Bahiyar one headless dead body was lying. Thereafter he immediately rushed for its verification and sent information to Amarpur Police Station. From the nearby villages he tried to get identification of the dead body but none could identify the same. He stated that some unknown miscreants had killed one unknown person by slashing the head from neck and killed him. The dead body of the deceased was totally naked and head was missing. The informant claimed that some unknown accused persons due to some unknown reason by sharp cutting weapon had killed an unknown person and disappeared the neck of the dead body. His fardbyan was read over to him and after finding it correct he put his signature on the fardbyan. On the basis of the said fardbyan on 10.12.2005 at about 11.00 A.M. itself a formal F.I.R. vide Amarpur P.S. Case No. 201 of 2005 was registered under Sections 302/201/120(B) of the I.P.C. against unknown accused persons.

4. During investigation firstly involvement of the appellant no. 1 in Cr. Appeal (D.B.) No. 552 of 2013 namely: Raghu Tanti and sole appellant namely Jattu Tanti in Cr. Appeal ( D.B. ) No. 697 of 2013 came to fore and as such on 09.03.2006 charge-sheet was submitted against them. After submission of charge-sheet on 23.03.2006 learned Chief Judicial Magistrate, Banka took cognizance of the offence. Thereafter, on 26.03.2006 supplementary charge- sheet was submitted against Bhagu Tanti / appellant no. 2 in Cr. Appeal (D.B. ) No. 552 of 2013 and one Opi Beldar showing them as absconder. Thereafter, on 27.03.2006 the case of two accused namely: Jattu Tanti and Raghu Tanti was committed to the court of Sessions. On 16.06.2006 case of Bhagu Tanti [ appellant no. 2 in Cr. Appeal (D.B.) No. 552 of 2013] was committed to the court of Sessions