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Per Ananda Sen, J. This appeal has been preferred by Shashikant Choudhary (now deceased) and the appellant above named challenging the judgment of conviction dated 20th April, 2012 and order of sentence dated 25th April, 2012 passed by the District & Additional Sessions Judge-I, Godda in S.C. No.165 of 1993, whereby and where under both the appellants have been held guilty and convicted for offences under Sections 343, 302, 201 and 323 of the Indian Penal Code and they have been sentenced to undergo life imprisonment for offence under Section 302 of the Indian Penal Code; to undergo rigorous imprisonment for 2 (two) years for offence under Section 343 of the Indian Penal Code; to undergo imprisonment for three years for offences under Section 201 of the Indian Penal Code and to undergo rigorous imprisonment for one year for the offence under Section 323 of the Indian Penal Code.

5. Boarijore Police Station Case No.144 of 1992 was registered for offences under Sections 343, 302, 201, 323 of the Indian Penal Code on the basis of the written report of the informant Jamiruddin, wherein he alleged that on 19.10.1992 at about 05.00 p.m. in the evening his son Gaffar Ansari was called to the police station by the Jamadar Shri J.K. Singh and they started assaulting him by tying him to a tree. On the same night three more persons of Village Jamukarna were also caught and brought to the police station and they were also beaten up heavily. On 20.10.1992 when the family members of those three persons went to the police station, they were not allowed to enter the police station. It has been alleged by the informant that the three persons of his village, namely, Md. Dildar Ansari, Sirajurrahman Ansari and Hifajurrahman Ansari were brought. Informant further alleged that on 21.10.1992 at 08.00 a.m. in the morning when they went to the police station with Shivjan Kisku, they saw those four persons crying in a very pitiable state. They could come to know that they were badly beaten up in the night. The Sub-Inspector told Shivjatan Kisku that after interrogation they will either be released or forwarded to the jail and told them to leave by saying that such decision would be taken by the evening. On 24.10.1992 it could be gathered that all of them were being sent to Godda. Informant has further stated that when they reached Godda at 11.00 a.m., till 04.00 p.m. in the evening nobody was sent to the Godda Court. Informant has alleged that when nothing could be gathered from the Court, Hospital and the morgue, they along with a Labour Leader, Anwarul Hoda, of Lalmatia, gave written information to Dy.S.P. Godda which was given by Shivjatan Kisku under his own signature. Informant suspected that Officer-in- Charge Shri S.K. Choudhary and Jamadar Shri J.K. Singh had killed all the four persons and their dead bodies had been disposed.

P.W.12 Maniruddin Ansari has stated that it is the occurrence of 19.10.1992. When he was at his village, he heard murmuring that the Bada Babu, Jamadar and police personnel 10-12 in numbers came to the village and took Gaffar, Dildar, Hifjul and Reyajul to the police station. He along with villagers went to the Boarijore Police Station when they saw the four persons in the police lockup. Shiv Jatan Kisku and 8-10 others persons accompanied him. On the next day also they all went to the police station when the Bada Babu told that interrogation has not completed. On the third day when he went, he saw that those four persons have been assaulted. He stated that Dildar, Hifjul, Gaffar and Reyajul told him that if the villagers do not come, they will be killed in the night. On the next day when he went, he was told that they have been forwarded. He rushed to the village and accompanied with ten persons went to Godda, but could not get any information about those four persons. Thereafter they surrounded the police station, but the police personnel escaped from there. On the way he met the Wireless Operator, who told that Gaffar is still there and he is unaware about rest of the persons. On that day when police station was surrounded, Gaffar was there in a lockup and had told that Officer-in-Charge and Jamadar have thrown Dildar, Hifjul and Reyajul after killing them. He identified the deceased appellant Shashikant Choudhary and Jamadar J.K. Singh.

PW-19, S.I. Sorabh Kumar, stated that on 19.10.1992 he was posted as Dy. S.P. at Godda. He stated that Mr. J.P. Singh was investigating the case before he took charge of the investigation on 29.10.1992 on the directions of the S.P. Godda he received the records from the Inspector Jagdish Prasad. He had seized the station diary of Boarijore Police Station on the same day. He stated that the station diary was from 11.10.1992 till 29.10.1992. The seizure memo was marked as Exhibit-I and his signature was at 'X'. He stated that he had submitted the station diary along with the chargesheet before the Court. Statement of the witnesses, in whose presence the seizure was made, was recorded by him under Section 161 Cr.P.C. He directed the Officer in-charge and ASI to seize the truck bearing No. BR-36-3412, which was later on seized. He stated that on investigation about all those four persons who were illegally detained in custody and there was allegation that they have been killed, he found that out of them Gaffar Ansari was present in Godda Jail. He recorded the statement of Gaffar Ansari u/s 164 Cr.P.C. During investigation it transpired that Hifjul Ansari succeeded to flee from the police station, and he was seen by some person in the market. He had recorded statements of some of those persons. He tried to search Hifjul Ansari but he failed. However, he had recorded the statement of Saleha Khatoon, his relative. About Sirajul and Dildar he came to know that they were kept in custody from 19th - 20th October 1992 to 23rd - 24th October 1992 till night and were assaulted. On 24.10.1992 in the morning when the Officer in-charge Sashikant Choudhary and ASI JK Singh took the truck, they went missing. It was stated by the witnesses that they were killed and their dead bodies were concealed. He further stated that he tried to recover the dead bodies but could not succeed. He denied the suggestion that he filed the charge sheet without any evidence and his investigation is defective.