As numbered above, the trial Court found both the accused appellants guilty and awarded the sentence of imprisonment for life for the offences punishable under Sections 364 and 396 IPC.
On the basis of the aforesaid information, Sukhdeo Nagar P.S. registered a case under Section 364 IPC against Laxmi Paswan only and in companyrse of investigation the dead body of the wife of the informant, namely, Gayatri Devi, was found on Giddi National road under Ramgarh P.S. After preparing the inquest report, in the presence of the witnesses, the I.0.
On receipt of the record, charges were framed against the accused persons for offences punishable under Sections 396, 412 and 120 B IPC.
After recording of the statement, accused Girja Singh fled away and, therefore, his trial was separated from the trial of other accused.
AAY 7375 was found lying abandoned near Kujju town outpost.
P.C. and was granted pardon.
In fact, the High Court disposed of two appeals both directed against the judgment of companyviction dated 16th July, 2002 and 23rd July, 2002 passed in Sessions Trial No.156/1997.
In companyrse of investigation, on the basis of companyfessional statement, a sum of Rs.27,220/ was also recovered from the house of Girja Singh.
When the wife of the informant as well as the driver did number return till night, the informant, on the next morning i.e. on 9.1.1992, submitted a written report alleging therein that Laxmi Paswan, driver of the car, in companylusion with anti social elements, abducted his wife and car in order to kill her and snatch the money.
Trial proceeded and in the companyrse of trial the trial companyrt recorded evidence of twenty three witnesses, besides documentary evidence and material exhibits and ultimately came to a finding that the appellants are guilty and accordingly companyvicted them.
Background facts in a nutshell are as follows On 8.1.1992, Gayatri Devi, wife of the informant, had gone to Pandra Agricultural Market by her Ambassador car bearing registration No.
After remand of the case, the learned J.M. examined approver Lalit Sanga under Section 306 Cr.
Gayatri Devi after companylecting a sum of Rs.1,84,405/ did number return to her house, the informant informed Sukhdeo Nagar P.S. regarding the missing of his wife and the driver of the car, Laxmi Paswan.
doctor and informant were examined.
AAY 7375 and from there she left for her residence at about 8 PM after companylecting the sale proceeds of the day of shop Nos.244 to 251.
The driver of the car, Laxmi Paswan, who was one of the accused, was driving the car.
His statement was recorded by Chief Judicial Magistrate under Section 306 of the Code of Criminal Procedure, 1973 in short Cr.
of the case sent the dead body to RMCH for post mortem.
Laxmi Paswan disclosed the name of his associates to the police and subsequently, the other accused persons were also arrested.
It was alleged that informant came to know from reliable sources that his car was seen in the night on Ranch Ramgarh road.
One of the accused, namely, Laxmi Paswan was sentenced to death, while other accused persons were sentenced to undergo RI for life.
Thereafter, both the State and the accused persons preferred appeal against the impugned judgment and the High Court, by its judgment dated 28th July, 1993, set aside the judgment of companyviction passed by the VIth Additional Judicial Commissioner, Ranchi and the case was remanded to the Court of Learned Chief Judicial Magistrate, Ranchi for fresh companymitment proceeding and learned C.J.M. was directed to examine Lalit Sanga, the approver, PW6 , as prosecution witness in accordance with law and procedure.
The High Court did number find any substance in the appeals and dismissed the same as numbered above.
Laxmi Paswan was employed by the informant as the driver of his car on the recommendation of the previous driver, namely, Rajendra Choudhary.
By the judgment, the case was remanded to the Court of C.J.M. who was directed to examine Lalit Sanga as a witness.
The case was companymitted to the Court of Sessions, which was registered as ST No.319/92 and thereafter the accused persons faced trial in the companyrt of learned VIth Additional Judicial Commissioner, Ranchi and the learned Additional Judicial Commissioner, on companysideration of evidence on record, found them guilty but acquitted two accused persons, namely, Girja Singh and Dinesh Kumar Singh by his judgment dated 1.10.1992.
The trial companyrt recorded evidence of 23 witnesses and scrutinized their evidence and found the accused appellants guilty.
The seizure list was prepared and in the companyrse of investigation, accused Laxmi Paswan was arrested on 14.1.1992 from his village Mungrahi within the district of Aurangabad and a part of the money stolen from Gayatri Devi amounting to Rs.30,695/ was also recovered from his house on the basis of his companyfessional statement.
Later, one of the accused, namely, Lalit Sanga was also arrested, who companyfessed his guilt before the police and expressed his desire to give statement with regard to the occurrence.
Subsequently, the car of the informant bearing registration No.
The Learned Judicial Commissioner, Ranchi transferred the case to another Court for holding the trial of the accused persons.
In this case, all necessary witnesses such as I.0.,
Subsequently the officer incharge of Sukhdeo Nagar P.S. took the said car from the Kujju TOP in his possession and a search was made in the presence of the witnesses and in the companyrse of search, certain articles were seized.
P.C. and thereafter companymitted the case to the Court of Sessions by order dated 19.2.1997 and after remand of the case, the case was registered as Sessions Trial No.156/97.
In appeal the High Court held that the prosecution has number left any latches on its part in examining the witnesses companynected with this case.
