Ajeet Kumar Bhagat @ Ajit Bhagat @ Ajit Kumar v. State of Bihar
2023-12-18
ALOK KUMAR PANDEY, ASHUTOSH KUMAR
body2023
DigiLaw.ai
ORDER We have heard Mr. Y.V. Giri, the learned Senior Advocate for the appellant and Mr. Vikram Singh, the learned Advocate for the Informant. The State has been represented by Mr. Binod Bihari Singh, the learned APP. 2. This appeal is directed against the judgment dated 12.05.2023/17.05.2023 passed in Session Trial No. 317 of 2021, arising out of K. Hat (Maranga) P.S. Case No. 577 of 2019, by the learned Addl. Sessions Judge-III, Purnea. The appellant/applicant has been convicted under Sections 302, 201, 379 and 120B of the I.P.C. and has been sentenced to undergo imprisonment for life, to pay a fine of Rs. 20,000/- and in default of payment of fine, to further undergo simple imprisonment for six months for the offence under Section 302 of the I.P.C.; to undergo rigorous imprisonment for three years, to pay a fine of Rs. 5,000/- and in default of payment of fine, to further undergo simple imprisonment for two months for the offence under Section 201 of the I.P.C. and to undergo rigorous imprisonment for three years for the offence under Section 379 read with Section 120-B of the I.P.C. 3. All the sentences however have been directed to run concurrently. 4. The appellant/applicant is the tenant of the deceased couple. The couple had gone out of the house but their whereabouts could not be ascertained. Later, the informant, who is the nephew of the deceased, along with the brother of the deceased, namely, Dinesh Kumar Sinha went to the house of the deceased, only to find that the tenant had run away and the cow and the calf belonging to the deceased were also not there in the cowshed. This gave them the gnawing doubt that perhaps the tenant, who is the appellant here, has conspired with some person and has killed the deceased and thrown the dead-body in the river. 5. Later, during the course of investigation, the police could catch one Nanku from whose possession the cow and the calf belonging to the deceased were recovered. The afore-noted Nanku is facing Trial for cattle-duffing before a Magistrate. Aforesaid Nanku had allegedly purchased the cow from the appellant and had re-sold it to P.W. 7. 6. That the findings of the police that the appellant had killed the deceased, was based only on the telephonic conversation between the appellant and the afore-noted Nanku. 7.
The afore-noted Nanku is facing Trial for cattle-duffing before a Magistrate. Aforesaid Nanku had allegedly purchased the cow from the appellant and had re-sold it to P.W. 7. 6. That the findings of the police that the appellant had killed the deceased, was based only on the telephonic conversation between the appellant and the afore-noted Nanku. 7. It has thus been submitted on behalf of the appellant that but for wild suspicion, there is no other material to connect him with the offence. That he was found absconding from the premises of the deceased is no ground to doubt his complicity in the murder. 8. As opposed to the afore-noted contentions, Mr. Vikram Singh, the learned counsel for the informant has submitted that the deceased anticipated that he and his wife would be killed and, therefore, had written a letter addressed to the local police, but such letter could not be filed. Later, such letter was unearthed at the instance of the prosecution. The same has neither been exhibited nor proved to have been written by any one of the deceased persons. The letter, so referred to by Mr. Singh, only forms part of the seizure-list prepared after the inspection of the house of the deceased. 9. We have also perused the written objection filed against the prayer for suspension of sentence of the appellant. 10. Be that as it may, considering the aforenoted background facts, we are inclined to suspend the sentence of the appellant during the pendency of the appeal. While saying so, we have also take a note of the fact that the appellant/applicant is in custody since 19.11.2019. 11. We order accordingly. 12. The appellant/Ajeet Kumar Bhagat @ Ajit Bhagat @ Ajit Kumar, during the pendency of this appeal, is directed to be released on bail on his furnishing bail-bond in sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge- III, Purnea in connection with Session Trial No. 317 of 2021, arising out of K. Hat (Maranga) P.S. Case No. 577 of 2019.