GENU MODI, Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS is an appeal by two lifers who were convicted by the Additional Sessions Judge Jorhat on 15.9.89 under Sections 302 / 34 and 201, IPC in Sessions Case No. 30 (J -J) 89.

(2.) THE story of the prosecution, in brief, is thus. Petua and Haradhan of Lahdoigarh disappeared and in the month of June 1984 and they were not seen alive. Sometime in the month of June 1985, the informant (PW -1) who is father of Petua lodged an ejahar with the Officer in Change of Lahdoigarh Police Station on 10.6.85 slating that he came to know from a reliable source that the two boys were killed and buried in a certain place in Tinikunia Bhakat by the two Appellants and three other persons. On receipt of the ejahar, a case was registered under Sections 302 and 201, IPC. The police arrested the accused persons. The Appellants made confessional statements before the Magistrate under Section 104 , Code of Criminal Procedure In the confessional statement of Appellant Genu Modi, it is stated that Petua was killed and his dead body was thrown to Dhansiri river. In the confessional statement of Appellant Dangarbabu Modi, it is stated that Haradhan was killed and his dead body was buried at the side of the river Maleng. On the basis of the disclosure statement made by the accused Appellant Genu Modi, in presence of the witnesses and the Magistrate (PW -10) a human skull and bones, a muffler around the skeleton and a pair of trousers were dug up. The skeleton was sent to Doctor (PW -6) for post mortem examination. The Doctor could not say about the cause of death, age of the person. However, he preserved the skeleton for chemical examination. The IO (PW -9) completed the investigation and submitted charge -sheet, under Sections 302 and 201, IPC, against the two Appellants and three other persons. The learned Additional Sessions Judge framed charges against the five accused persons including the Appellants under section 302 read with section 34, IPC, and a separate charge under Section 201, IPC. The accused pleaded not guilty. The additional Sessions Judge convicted the Appellants under Section 302 read with Sections 34, IPC, and 201, IPC, and acquitted other three accused on all the charges. Hence, this appeal by the two lifers.

(3.) QUESTION which, therefore, arises for consideration is whether corpus delicti has been proved, Ballentine Law Dictionary says: