STATE OF JHARKHAND Vs. AJAY KUMAR PAL

JUDGEMENT

(1.) THE convict Ajay Kumar Pal has been sentenced to be hanged till death for causing death of five persons under Section 302 IPC by the judgment of conviction and order of sentence dated 5.4.2007 and 9.4.2007 respectively by 7th Additional Judicial Commissioner cum Special Judge, CBI, under Sections 302/326/436/201 IPC. The reference for confirmation of sentence and conviction made by the trial court under Section 366 Cr.P.C. has been received by the Registry on 12.4.2007. The convict has further filed an appeal under Section 374(2) Cr.P.C. from the jail, which has been registered as Cr.Appeal No. 403/2007. Since both the matters arise out of the same order of conviction and judgment dated 5.4.2007 and 9.4.2007, both have been taken up together and are being disposed of by this common judgment.

(2.) THE factual matrix leading to the reference and appeal are that in the morning of 2nd June, 2003 the residents of Gandhi Vihar situated behind Sai Hospital, Bariyatu road Ranchi, woke up to find that the house of Sri Dhirendra Kumar, a serving Indian Forest Officer, was under fire and smokes coming out. Neighbours Including PW 1, 2, 3, 7, 8 and 9 rushed to the house to find that the outer gate locked. Two of the Mohalla people jumped over the compound wall and broke open the lock of the gate. Thereafter they rushed to find out how the fire has broken. In the meantime someone informed the fire brigade and to the informant Sanjiv Kumar, PW 10, brother in -law of said Dhirendra Kumar on telephone. The Informant, residing at Ratu Road Ranchi, rushed to the house alongwith his parents to find that Mohalla people were trying to extinguish the fire with the help of fire brigade after breaking the glasses of front door etc. In the meantime Mohalla people went behind the house (in search of) to fetch water from the well situated in the campus and found the convict Ajay Pal hiding himself inside the well. The convict was taken out of the well and sent for medical examination at Sai hospital. The informant along with others entered inside the house to find five dead bodies burnt severely. According to them the dead body of Amita Sinha @ Rubi, Ankita @ Anmol and Ayan @ Golu, daughter and son of sister of Amita Sinha was lying in the bed room. They further found the dead body of Harshit, son of PW 11 and one Kauleshwar @ Kittu servant of the house with injuries on their persons outside the bed room in the dining hall. All of the five bodies had ante mortem injuries caused by hard and blunt substance on them. Then police arrived at the PO after receiving information at about 7 AM and recorded the statement of PW 10, Sanjiv Kumar.

(3.) THEREAFTER the appellant was charged by the trial court under Sections 302/326/436/201 IPC on 21st April, 2005. The appellant pleaded not guilty and claimed total ignorance regarding the occurrence. He further pleaded that the so -called confessional statement made to the police were forged and obtained under threat. According to him he could not say what has happened and how he was found by neighbours inside the well in the morning of 2nd June, 2003. During his statement under Section 313 Cr.P.C. he admitted only two things that in the night of 1/2 June, 2003 the deceased persons were inside the house while PW 11 has gone to Bangalore. He further admitted that when the neighbours tried to fetch water from the well he was found there hanging with the help of a pipe. He specifically denied that he has accepted his guilt during narco analysis, brain electrical activation test and finger print examination at Gandhi Nagar, Gujrat. According to him, when he was threatened and beaten by the police he confessed before the police, which stood now denied.