JITENDRA RAM ALIAS JITU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Leave granted.

(2.) The appellant herein was convicted for commission of an offence punishable under Sections 302 and 201 of the Indian Penal Code (for short, IPC) and sentenced to undergo rigorous imprisonment for life.

(3.) The case of the prosecution is as under : A First Information Report was lodged by the informant Lal Hare Murari Nath Sahdeo at about 14.00 hrs. on 19-11-1985 alleging that at about 07.30 A.M. on the previous day i.e. 18-11-1985 Fagua Mahto, deceased, took his five bullocks for grazing along with the cattle of other villagers, as he was a herdsman. He brought the bullocks earlier after grazing. The informant is said to have not found two of his bullocks in the said evening. He enquired thereabout; whereupon Fagua Mahto informed him that two oxen were taken by Jitendra Ram @ Jitu Harizan, the appellant herein for thrashing paddy. He went to the house of the accused, who denied to have taken the said two oxen. Lakhan Lohar (PW-13), however, at about 07.30 P.M. on the same evening informed Lal Ranvijay Nath Sahdeo (PW-8), the cousin of the first informant that the appellant herein sold the said oxen in the market to Sahban Ansari and Hanif Ansari, who examined themselves as PW-18 and PW-19 respectively. The appellant, however, denied the sale of two oxen to the said persons and threatened the first informant. Fagua Mahto went missing. When the first informant visited the house of Hanif Ansari and Sahban Ansari, he was informed that the appellant had taken away the said two oxen and kept his cycle as a security. On suspicion that something might have happened to Fagua Mahto, a search was made and the appellant was brought to the school of the village. He was interrogated, whereupon he is said to have confessed to have murdered Fagua Mahto and concealed his dead body in a pit of Chamautha River Tetardaht. Acting on the basis of the said statement of the appellant about 100 villagers are said to have reached the place of occurrence where the dead body of the said Fagua Mahto was allegedly concealed by the appellant. The appellant was thereafter handed over to Mukhia Lal Gopal Nath Sahdeo, who examined himself as PW-5. Before the said witness also the appellant is said to have confessed his guilt. A First Information Report was, thereafter, lodged. He in the trial eventually was found guilty.