INDER KANT JHA Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the order of the learned Additional Sessions Judge, Delhi dated October 12, 1987 convicting the appellant and one Kishori under Section 302/34 Indian Penal Code and sentencing them to imprisonment for life. They were further required to pay each Rs. 100.00 as fine in default of which two months' further imprisonment was imposed. Both the persons had been charged for having committed murder of one Vinod Kumar son of Ganesh Jha, Public Witness 12.

(2.) First we have a look at facts. Inder Kant Jha is a resident of village Khatuaha, district Samastipur, Bihar, while the other appellant Kishori Lal belongs to district Madhubani, Bihar. The deceased Vinod Kumar was doing a joint business with appellant Inder Kant Jha. They used to purchase chappals and shoes in Delhi and sell the same in their native village. For this purpose the deceased bad taken a sum of Rs. 2,000.00 from his father, Ganesh Jha, Public Witness 12. In Delhi the deceased and both the convicts together with one Sattu Mehto, who is a proclaimed offender, had taken a portion of the first floor of a house of one Puran Singh at a monthly rental of Rs. 300.00 at 24, Rampura, Gadarion Wali Gali, Delhi. On July 24, 1986 between 9.00 to 9.30 p.m. the deceased along with the accused is alleged to have left the tenanted premises while he was under the influence of liquor. Khubi Ram son of the landlord is alleged to have seen them together going towards railway lines. At about mid night the two appellants along with Sattu Mehto are alleged to have returned back and knocked at the door. Khubi Ram opened the door and enquired from them as to when the fourth-man (deceased) would be returning. This enquiry was directed with a purpose so that Khubi Ram had not to open the door all over again. It is alleged that this query was not answered by the accused who looked nervous. It is further alleged that the deceased did not return and appellants vacated the tenanted permises after about 10/15 days.

(3.) On receiving information that a dead body is floating in a ganda nala near Vikram Flour Mills one Sahib Singh Verma who was then a Municipal Councillor informed the police about it. Pursuant to this information SI Didar Singh came to the seen and recovered the dead body.