THE STATE OF BIHAR Vs. AMIN MANJHI

JUDGEMENT

(1.) Instant Death Reference, Cr. Appeal arise out of judgment of conviction, order of sentence dated 05/12.12.2014 passed by 3rd Additional District and Sessions Judge, Hilsa, Nalanda in Sessions Case No. 167/10/Trial Register No. 53/14, where under out of the two accused put on trial Accused No. 1 has been held guilty for the offence under Sections 364, 302 of the Penal Code, sentenced to suffer Rigorous Imprisonment for life with further direction to pay fine of Rs. 10,000/-, in default of payment of fine to suffer six months Rigorous Imprisonment, Capital Punishment with further direction to pay fine of Rs. 10,000/-, in default of payment of fine, to undergo imprisonment for six months. Accused No. 2 has, however, been acquitted of the charges levelled against her after giving benefit of doubt.

(2.) Prosecution case, as set out in the fardbeyan of Ravindra Ravidas, son of Bindeshwar Ravidas, resident of Village-Bisai Bigaha, Police Station Aungari, District-Nalanda, recorded by Sub Inspector Akshay Lal of Aungari Police Station on 20.10.2009 at 2:30 P.M. at Village Bisai Bigaha is that on 19.10.2009 i.e. Monday around 8:00 A.M. he had gone outside the village for working as a labourer and returned around 11:00 A.M., found his son Indrajeet Ravidas, aged about 2 years, missing from the house. Informant went in search of his son, was informed by his co-villagers as also villagers of the adjoining village that his son was seen being taken away by Amin Manjhi, son of Kashi Manjhi and his mother Shanti Devi, wife of Late Kashi Manjhi, both resident of Bisai Bigaha within Aungari Police Station. Informant further states that on further probe it transpired that his son has been sold by Amin Manjhi, Shanti Devi to Contractor Awadh Baba Chauhan, resident of Kasturi Bigaha, Guddu Kumar, brick-kiln owner, resident of Village-Banaur within Islampur Police Station for a sum of Rs. 15,000/- as the child was required for the purpose of sacrifice in the newly established brick-kiln. In the fardbeyan informant further disclosed that he is fully sure that his son Indrajeet has been sold to brick-kiln contractor, owner Awadh Baba Chauhan, Guddu Kumar for the purpose of sacrifice by Shanti Devi, Amin Manjhi.

(3.) After having gone through the statement informant put his Left Thumb Impression over the fardbeyan in presence of Akhilesh Ravidas who also put his signature over the fardbeyan. In the light of the fardbeyan Investigating Officer of the case arrested Amin Manjhi on 20.10.2009 at 3:15 P.M., thereafter registered Aungari P.S. Case No. 42/09 dated 20.10.2009 at 6:15 P.M for the offence under Section 364/34 of the Penal Code. Investigating Officer received information about recovery of the dead body of Indrajeet Ravidas while he was proceeding from Village Banaur to Bisai Bigaha on 21.10.2009 at 6:00 A.M. In the light of the information about recovery of the dead body Investigating Officer reached Bisai Bigaha at 6:30 A.M., recovered the dead body of Indrajeet Ravidas from a place near a well situate in front of the house of Birendra Ravidas. Inquest Report has also been made in presence of Santosh Kumar, Akhilesh Ravidas. The dead body of Indrajeet Ravidas was dispatched for post mortem to Sadar Hospital, Biharsharif, Nalanda which was received in the hospital on 21.10.2009 at 11:40 A.M., post mortem also conducted on the same day. The autopsy surgeon found in his report dated 21.10.2009 that the boy was done to death by means of strangulation causing asphyxia, suffocation. Time elapsed since death is between 36-72 hours. In the light of the fardbeyan, police statement of the witnesses as also the Inquest Report and the Post Mortem Report, Investigating Officer having found the case true submitted charge-sheet on the basis of which cognizance was taken. After supply of police papers case was committed to the court of Sessions. Sessions Court transferred the case to the court of Additional District and Sessions Judge-2 who framed charge under order dated 29.03.2010 to which both the accused persons pleaded not guilty, claimed to be tried.