Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Death Reference No.3 of 2012 ---- Reference has been made vide Letter No. 34 dated 03.03.2012 for confirmation of death punishment awarded to condemners Nagendra Rai alias Raj Punchum Rai and Rajesh Mishra by Sri Deo Nandan Prasad Singh, Additional Sessions Judge-cum-Fast Track Court No.V, Buxar in Sessions Trial No. 200 of 2009. ================================================ The State Of Bihar .... .... Petitioner Versus 1. Nagendra Rai @ Raj Punchum Rai son of Bikarma Rai, resident of village Rajepur Bangali Rai ke Dera, P.S.Simari, District Buxar 2. Rajesh Mishra son of Madan Mohan Mishra, resident of village Niyazipur,P.S.Simari, District Buxar ---- ---- Condemned-Respondents With Criminal Appeal (DB) No. 272 of 2012 ---- Against the judgment of conviction dated 10.02.2012 and order of death punishment dated 17.02.2012 passed by Sri Deo Nandan Prasad Singh, Additional Sessions Judge-cum-Fast Track Court No.V, Buxar in Sessions Trial No. 200 of 2009. ================================================ 1. Nagendra Rai @ Raj Punchum Rai son of Bikarma Rai, resident of village Rajepur Bangali Rai ke Dera, P.S.Simari, District Buxar 2. Rajesh Mishra son of Madan Mohan Mishra, resident of village Niyazipur,P.S.Simari, District Buxar ---- Condemned-Appellants Versus The State Of Bihar .... .... Respondent ================================================ Appearance : (In D. REF. No.3 of 2012) For the Petitioner : Mr.Ashwini Kumar Sinha,APP For the Respondents: Mr. Kanhaiya Prasad Singh, Sr.Advocate (In CR. APP (DB) No. 272 of 2012) Patna High Court D. REF. No.3 of 2012 dt.07-09-2012 2 For the Appellants :M/s Kanhaiya Prasad Singh, Sr.Advocate Binod Kumar Singh, Sumeet Kumar Singh and Pankaj Kumar Das, Advocates For the Respondent: Mr.Ashwini Kumar Sinha,APP =============================================== CORAM:HONOURABLE MR.JUSTICE SHYAM KISHORE SHARMA AND HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL JUDGMENT (Per:HONOURABLE MR.JUSTICE SHYAM KISHORE SHARMA) Date: 07-09-2012 -------- Death Reference No. 3 of 2012 has been referred to this Court for confirmation of sentence of death of condemners Nagendra Rai alias Raj Punchum Rai and Rajesh Mishra under Section 374 of the Code of Criminal Procedure by learned Additional Sessions Judge, Fast Track Court No.V, Buxar passed on 17th February, 2012 in Sessions Trial No. 200 of 2009 and Cr. Appeal (DB) No. 272 of 2012 has been filed by the contemned-appellants against the judgment of conviction dated 10.02.2012 and order of sentence dated 17.02.2012 passed by Additional Sessions Judge, Fast Track Court No.V, Buxar in Sessions Trial No. 200 of 2009 by which both the appellants have been sentenced to undergo rigorous imprisonment for Patna High Court D. REF. No.3 of 2012 dt.07-09-2012 3 seven years each for offences under [STATUTE] and to pay a fine of Rs.25,000/- and in default of payment of fine to undergo rigorous imprisonment for six months and for offence under Sections 302 and 120(B)/34 of the Indian Penal Code, both the appellants have been imposed death penalty (hang till death) considering that the case is “rarest of rare cases”. 2. Simari P.S.Case No. 5 of 2009 (G.R.Case No. 81 of 2009) under [STATUTE] was registered on 16.01.2009 with regard to an occurrence of the night of 3/4.01.2009 on the basis of written report of Satrughan Prasad Singh, Inspector of Police, Simari Police Station in which both the appellants namely, Nagendra Rai alias Raj Punchum Rai and Rajesh Mishra were made accused. It has been alleged in the written report that on 04.01.2009 Surendra Kumar Thakur of village Sahiyar, P.S. Simari, District Buxar had filed a written application before the Officer-in-Charge, Patna High Court D. REF. No.3 of 2012 dt.07-09-2012 4 Simari Police Station mentioning therein that his mother Annapoorna Devi aged 82 years was living alone in her house and his other family members have almost settled at Dhanbad. He stated in the application that he received telephonic message that his mother Annapurna Devi died on account of burning in the worship house while she was doing pooja. After getting information, he along with other family members rushed to his native village Sahiyar from Dhanbad and when he reached the village, he found his mother dead on account of burn injury. Her body whas turned in asses. He suspected none. This information given by Surendra Kumar Thakur resulted into Simari (U.D.) Case No. 1 of 2009 on 04.01.2009 and investigation started. The Police reached the place of occurrence in night in connection with investigation of U.D.Case and during night time where gathering was present and all narrated that Annapoorna Devi became Sati and the people were doing Jai-jaikar and Pranam. As there was religious touch of her death, no post mortem of Patna High Court D. REF. No.3 of 2012 dt.07-09-2012 5 her body was done. After cremation, the place of occurrence was investigated on 05.01.2009. one Bakula of bamboo having blood stain and in the last portion having sign of burn by fire, one wooden bit having blood stain, one woollen lady scarf having spot of blood, and one plastic tub and one plastic katora (pot) having blood stain and one white sari having spot like blood were found in the room of Annapoorna Devi which were seized in presence of two independent witnesses namely Gangesh Thakur (P.W.2) and Abhay Naresh Thakur (P.W.5) and seizure list was prepared upon which the witnesses put their signatures. During inspection, blood spot was found on the southern wall of the victim’s room by the Investigating Officer and it was suspected that first victim might have been killed and later on her dead was burnt. During investigation, son of the deceased Surendra Prasad Thakur in his further statement stated that his Mausera brother namely, Nagendra Rai alias Punchum Rai and his friend namely Rajesh Mishra had visited Annapoo

Applicable IPC Section: 201

Statute Text:
Section 201 of the Indian Penal Code. Causing disappearance of evidence of an offence committed, or giving false information touching it to screen the offender, If a capital offence. Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of that offence to disappear, with the intention of screening the offender from legal punishment, or with that intention gives any information respecting the offence which he knows or believes to be false; if a capital offence — shall, if the offence which he knows or believes to have been committed is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; if punishable with imprisonment for life — and if the offence is punishable with imprisonment for life, or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; if punishable with less than ten years imprisonment — and if the offence is punishable with imprisonment for any term not extending to ten years, shall be punished with imprisonment of the description provided for the offence, for a term which may extend to one-fourth part of the longest term of the imprisonment provided for the offence, or with fine, or with both.