Faizan Uddin, J. - (1.) In Sessions Trial No. 77/ 85 the appellants Suresh Bahri and Raj Pal Sharma were convicted under Section 302 of the Penal Code for causing murder of Urshia Bahri and her two children, namely, Richa Bahri and Saurabh Bahri. All the three appellants, Suresh Chandra Bahri, Gurbachan Singh and Raj Pal Sharma were also convicted under Section 302/120-B of the Penal Code for the offence of criminal conspiracy to commit murder of Urshia Bahri and her two children named above. The appellants Suresh Chandra Bahri and Raj Pal Sharma were further convicted under Section 201 of the Penal Code for causing disappearance of evidence of murder of Saurabh Bahri and the appellants Suresh Chandra Bahri, Gurbachan Singh and Raj Pal Sharma were also convicted under Section 201 of the Penal Code for causing disappearance of evidence of murder of Urshia Bahri by the Additional Judicial Commissioner, Ranchi by judgment dated .27-7-90 who awarded the sentence of death for the offences under Sections 302 and 302/120-B of the Penal Code and Rigorous Imprisonment to all the three appellants for a period of seven years' for the offence under Section 201 of the Penal Code. The learned trial Judge made a reference to the High Court of Patna, Ranch Bench under Section 366 of the Code of Criminal Procedure for confirmation of the sentence of death and at the same time the three appellants also preferred separate criminal appeals Nos. 142, 143 and 152 of 1990 challenging their convictions under Sections 302/120-B and 201 of the IPC. The High Court of Patna (Ranchi Bench) dismissed the three appeals preferred by the three appellants affirming the sentences awarded to them and accepted the death reference by judgment dated 16-12-91 against which these three appeals by leave of this Court have been preferred. Since all these appeals arise out of the common judgment of the High Court, they are being disposed of together.
(2.) It may be pointed out that along with the above named three appellants three other accused, namely, Y. D. Arya, the maternal uncle of the appellant Suresh Bahri, Smt. Santosh Bahri the mother of the appellant Suresh Bahri and one Mohd. Suhail Truck driver, were also charged and tried as co-accused for the offences punishable under Sections 302/120-B and 201 of the Penal Code, but they were acquitted by the learned trial Judge giving them benefit of doubt. No appeals against their acquittal are preferred.
(3.) Admittedly, at the relevant time the appellant Suresh Chandra Bahri (hereinafter referred to as Suresh Bahri) resided along with his deceased wife Urshia Bahri, at South Ranchi, House No. 936 on the Station Road within the jurisdiction of Chutia Police Station. He also had a farm and house attached thereto at Dulli, a place situated at a distance of about 40 kilometers from Ranchi towards Khelari within the jurisdiction of Police Station Khelari, District Ranchi. Suresh Bahri was married to the deceased Urshia Bahri in 1971 and out of their wedlock deceased Kumari Richa Bahri and Saurabh Bahri were born. Kumari Richa Bahri was a student of Class VI in Father Agnel School, New Delhi in the year 1983, while Saurabh Bahri was a student of Class IV in the same school. The acquitted accused Smt. Santosh Bahri is the mother of the appellant Suresh Bahri and the acquitted accused Y. D. Arya is the maternal uncle of appellant Suresh Bahri and real brother of Smt. Santosh Bahri . There is no dispute that the parents of deceased Urshia Bahri were living in America having settled down there and the first Informant of the incident Bineet Singh Sarang, PW 69, the brother of the deceased Urshia Bahri was employed as an Engineer in Libya. The deceased Urshia used to write letters from time to time to her parents in America and also used to talk to them on telephone.;