SUSHIL MURMU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The little drops of humanness which conjointly make humanity a cherished desire of mankind had seemingly dried up, when a young child of 9 years was sacrificed before Goddess Kali by the appellant for his own prosperity is what the prosecution alleges.

(2.) The still, sad music of humanity had become silent when it was forsaken by the accused-appellant is what has been found by the Courts below.

(3.) 11th December, 1996 turned out to be a heart-breaking day for Somlal Besra (PW-2). In the evening of that day he found his son Chirku Besra (hereinafter referred to as the deceased) missing from house. He searched for him making inquiries from various persons. Information surfaced that he was sacrificed before Goddess Kali by the appellant. Two other persons, his wife and mother were also said to be parties to the gruesome killing. The prosecution case centered round extra-judicial confession made by accused before large number of persons, recovery of dead body at the behest of the accused-appellant and evidence of a witness who saw the accused carrying a bag on a bicycle which was thrown to a pond and after throwing the bag to the pond the accused returning by bicycle. The severed head was recovered from the bag thrown to the pond. Information was given to police, investigation was undertaken. All the three accused persons were tried for offences punishable under Sections 302 and 201 of the Indian Penal Code, 1860 (for short the IPC). The appellant was found guilty for both the accusations and was sentenced to death for the former and 7 years rigorous imprisonment for the latter. Benefit of doubt was, however, given to the co-accused and they were acquitted. Reference was made by the trial Judge i.e. the First Additional Sessions Judge, Jamtara for confirmation of death sentence under Section 366 of the Code of Criminal Procedure, 1973 (in short "the Code") by the Jharkhand High Court which by the impugned judgment upheld both the convictions and sentence. It was held that the murder was gruesome and death sentence was most appropriate sentence. Against the said judgment the present appeal has been filed. While granting leave, by order dated 4-8-2003 scope of appeal was limited to the question of sentence.