D.P.SINGH, J. - (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. According to PW 10, on receiving telephonic message he rushed to the PO to find the deadly and ghastly scene at the house where he found his sister Amita along with her son Harshit and two issues of another sister, Anmol and Golu along with servant Kitu dead. He learnt regarding the incident from others present from before on the spot. He further stated that the convict Ajay Pal was taken out from the well by the neighbours and sent to Sai hospital for his medical care. He expressed serious doubts that the incident has been effected by the convict who was the only adult male present in the house. Later on Ajay Pal was handed over to the police, who recorded the statement of the convict in which he allegedly confessed his involvement in the crime. The police started investigation after registering Bariatu P.S.Case No. 86/2003 under Sections 302/201/436/34 IPC. PW 11 informed on telephone, rushed back from Bangalore to arrive at Ranchi on 3rd June, 2003. He was also examined along with other witnesses by the police. The police further seized burnt objects from the house and campus on the basis of statement of the convict on 3rd and 8th June, 2003. The key bunch and the locks used to close the grill connecting the servant's quarter with the main house were recovered from the well as pointed out by the convict. The house was inspected by the forensic experts from Calcutta to ascertain the cause of fire and inflammable used in causing the fire. The police further seized food items preserved in the fridge and from dining table and sent them for forensic examination. During course of investigation the police found that the food items sent for forensic examination, contained some pesticide namely Themed which causes unconsciousness and even death. Thereafter police, on the basis of investigation and other circumstances, submitted charge sheet against the convict. The learned CJM took cognizance in the case and committed it to the court of sessions for trial. When the case was pending for trial the State Government requested the CBI for further investigation, which was accepted and notified vide Notification No. 228/101/2003 DS CE dt.21.1.2004. The CBI took up the investigation, examined witnesses and sent the convict for narco analysis, brain electrical activation test and finger print examinations at the National Institute of Medical and Neuro Science, Gandhi Nagar, Gujrat. Appellant Ajay was put to such tests between 23rd to 26th April, 2004. According to CBI the test conducted by independent body supported the prosecution case that Ajay Pal has committed the crime and caused death of five persons. Accordingly the CBI also submitted charge sheet against the appellant.
(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.;