RAJIV KUMAR ALIAS LALU Vs. STATE OF BIHAR

JUDGEMENT

(1.) All these criminal appeals have arisen out of the judgment and order dated 6-10-1994 and 7-10-1994 passed by Shri S. N. Choudhary, VII Additional Judicial Commissioner, Ranchi, in S. T. No. 262 of 1993 convicting the accused-appellants under Section 364/34, 302/34 of the I.P.C. and also under Section 201/34,I.P.C. along with Section 120-B of the I.P.C. They were sentenced to rigorous imprisonment for life and also to undergo R.I. for seven years under Section 201/34, I.P.C. and sentences were ordered to run concurrently.

(2.) Prosecution case in brief is that the accused-appellants five in number along with one Kamlesh Kumar, who was also tried alongwith these accused persons jointly and acquitted afterwards made a conspiracy for kidnapping the child of a moneyed person for getting ransom from tha parents and in that process out of some mistake, one boy of 6 years old Guddu residing with his parents at Harihar Singh Road, PS-Bariatu was kidnapped by the accused persons alongwith Kamlesh Kumar and when the error could be detected, the boy was killed by strangulating him through neck and then the deadbody was thrown into a well in a deserted place called Chachani Bagan alias Imamkothi within Sadar Police Station of Ranchi district.

(3.) In details, it can be stated that on 23-12-1992 at about 9.30 a.m. Guddu when came out from his house for playing, he was enticed away by accused Nandan and Gopal Ram being accompanied by other accused Om Prakash, Satyawan and Lalu. Then he was taken to Chanchani Bagan and the dead body was throw into the well thereafter killing him by throtling. When Guddu did not return home even in the late evening, Sheo Ram Mishra, PW-7, father of Guddu made a missing report with the police Station. They went on searching Guddu and tried to contact Nandan and Gopal Ram, who were the playmates of Guddu but both, Nandan and Gopal Ram were missing from their houses and it was ultimately found that they absconed. After taking informations from various corners the informant became sure that some mishappening must have been committed with his minor son and on this lodged an information on 26-12-1992 showing his strong suspicion against all these accused persons. It was stated in the Fardbayan that he was informed by his sister-in-law (elder brother's wife) Sharda Devi (PW-5) that she had seen Guddu going out of the house at about 9.30 a.m. on 23-10-1992 followed by accused Nandan and Gopal Ram and three unknown persons. He further stated that Guddu was seen near the house of Mathura Singh in Harihar Singh Road being followed by Gupal Ram, Nandan and three unknown persons. One Amit (PW-11) met Guddu on the way and asked him as to where he was going and that Guddu then wanted to flee away from there but he was not allowed to do so by the accused Nandan. It was further alleged that he could learn that the accused Nandan, Gopal Ram, Om Prakash, Satyawan and Lalu had jointly kidnapped Guddu in order to murder him. Nandan being a close door neighbour was seen many a time in the company of Om Prakash, Satyawan and Lalu and it was alleged that Nandan had held grudge against the informant for several reasons as when Guddu wanted to take guava from the orchard Nandan he was threatened and that once Nandan used to play his transistor in high pitch and when the same was objected to from the informant's house then they were threatened of dire consequences by the accused Nandan. After the fardbayan was lodged, police started investigation and in course of that accused-appellant Satyawan accused, Gopal Ram and Om Prakash were arrested. Satyawan was arrested from a garrage, Om Prakash from his home and Gopal Ram from his native village at Palamau. All these three accused, it is alleged that made confessional statements incriminating themselves alongwith Nandan, Lalu and Kamlesh. Snch confersions were made before the general public while in custody of police and those were then reduced in writing (Ext. 9 series). On the basis of their pointing out, the deadbody of Guddu alias Dhiraj was recovered from the well situated in the compound of Chanchani Bagan alias Imamkothis at Dipatoli in the town of Ranchi. On recovery of the deadbody. it was found that there were marks of injuries on neck and abrasion on other parts of the body. The deadbody was inquested and then the same was sent to R.M.C.H. for post-mortem examination. PWs-8 and 15 are the doctors, who held post-mortem and found the following injuries on the person of the body or Guddu alias Dhiraj: