STATE OF JHARKHAND Vs. MAHABIR RAJAK

JUDGEMENT

(1.) 1. Four accused persons namely, Mahabir Rajak, Shashi Thakur, Subhash Bose @ Khepa Baba and Birju Bhuiyan were tried together for the charges under Sections 302/34 and 201/34 of the Indian Penal Code by the Additional Sessions Judge, Fast Track Court -V, Hazaribagh in Sessions Trial No. 218 of 2004. The charges against the accused persons were that they committed the murder of a boy Munna Kumar aged about six years with a common intention and disappeared the evidence with intention of screening from legal punishment. The trial court, after conclusion of the trial, by its judgment dated 23.3.2007, held that all the four accused persons with premeditated mind, sharing common intention, committed the murder of Munna Kumar aged about six years for offering sacrifice. The trial court found that the accused Mahabir Rajak gave the fatal blow to the deceased by means of a knife, whereas other accused persons caught hold of the victim's legs and hands and the accused Subhash Bose @ Khepa Baba performed sacred Puja with the blood of the deceased. The trial court convicted all the accused for committing the offence under Sections 302, 201/34 IPC. The accused Mahabir Rajak has been given capital punishment of death sentence for the offence under Section 302 IPC, whereas the rest of the accused namely Birju Bhuiyan, Shashi Thakur and Subhash Bose @ Khepa Baba have been sentenced to undergo R.I. for life and also to pay fine of Rs. 15,000/ - each, in default to undergo S.I. for two months each. For the offence under Section 201 IPC all the accused were sentenced to undergo R.I. for three years each and to pay fine of Rs. 2,000/ - each, in default to undergo S.I. for two months each. However, all the sentences were directed to be run concurrently. 2. Under the provisions of Section 366 Cr.P.C. the trial court has referred for confirmation of death sentence awarded to Mahabir Rajak, which has been registered as Death Reference No. 2/2007. 3. Against the judgment of conviction and sentence passed by the trial court, the accused Mahabir Rajak has filed appeal before this Court from jail, which has been registered as Cr. (Jail) Appeal No. 402/2007. Subsequently, the said accused Mahabir Rajak alongwith one another coconvicts Shashi Thakur again filed an. other appeal, through a counsel, which has been registered as Cr. Appeal (DB) No. 805/2007. The accused Subhash Bose @ Subhash Narayan Bose @ Khepa Saba has filed separate appeal, which has been registered as Cr. Appeal (DB) No. 463/ 2007. The convict Birju Bhuiyan did not prefer any appeal and, thereforo, he has been provided a lawyer by the High Court Legal Services Committee. Mr. Amrcndra Kumar appeared on behalf of Birju Bhuiyan and he has also filed Vakalatnama on behalf of accused Birju Bhuiyan. All the appeals have been heard together and they are being disposed of by this common judgment. 4. The background of the case is that a first information report was lodged on 9.12.2003, before Patratu/Bhurkunda Police Station by one Bijay Paswan against Birju Bhuiyan, Mahabir Rajak and Shambhu Rajak alleging therein that the father of Birju Bhuiyan, who was an employee of Central Coalfields Limited, died last year. Birju Bhuiyan, requested the informant to make "Pairvi" for withdrawal of the Provident Fund amount from the office of the C.C.L. The informant made "Pairvi", whereupon, a cheque of Rs. 2.5 lakhs was received in the Urimari Office of the C.C.L. Seeing the money, the neighbour of Birju Bhuiyan, namely Mahabir Rajak and his son Shambhu Rajak started instigating Birju Bhuiyan that the money may be misappropriated by Bijay Paswan and, they advised him not to get the work done through Bijay Pas wan and they offered themselves to get his work done. Later on, Birju Bhuiyan, Mahabir Rajak and Shambhu Rajak came to the house of the informant at 2.00 p.m. on 5.12.2003 and then by abusing his wife enquired about Bijay Paswan, who had gone out at that time. The accused persons thereafter demanded papers regarding Provident Fund of Birju's father and when it was not given to them then they left the place after extending threats. It has further been alleged that on the same day at 4.30 p.m. Birju Bhuiyan and Shambhu Rajak came to the house of the informant and enquired about him. His wife told them that Bijay had gone to the market. Thereafter, Birju Bhuiyan gave Rs. 2/ - to the son of the informant, namely, Munna Kumar, aged about 6 years and asked him go and purchase biscuit. The boy went out and the accused Shambhu followed him. Birju stayed there for about 10 minutes and kept the informant's wife busy in conversation and, thereafter, he also left the place. Further case of the prosecution is that when the informant returned home around 6.30 p.m., he did not find his son Munna, then he enquired from his wife about him, whereupon, his wife Sulekha Devi narrated the entire story to her husband and also told him that in spite of her efforts she could not find her son. Thereafter, the informant went out in search of his son and went to the houses of Birju Bhuiyan, Shambhu Rajak and Mahabir Rajak, but they were not found in their houses. Next day, the announcement was made on a loudspeaker about the missing boy. When the news spread in the village about the missing of boy, all those persons, who were known to the informant, came to meet but the aforesaid three accused persons did not come to make any enquiry from the informant.