RAM SWAROOP MURMU Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against judgment and order of conviction dated 24.3.2007, passed by the Additional Sessions Judge-cum-Fast Track Court-V, Kishanganj in Sessions Trial No. 693 of 2006/Tr. No. 103 of 2006, arising out of Dighalbank Police Station Case No. 1 of 2006 (G.R. No. 19 of 2006), whereby the appellant, Ram Swaroop Murmu alias Gurdho Santhal (hereinafter referred to as 'Ram Swaroop') has been sentenced to imprisonment of life under Section 302 of the Indian Penal Code (hereinafter referred to as the 'IPC'), 10 years under Section 364 of the IPC and 3 years under Section 201 of the IPC. However, all the sentences were directed to run concurrently. The prosecution case, as made out on the written report of one Badri Narain Sing, to Officer-in-charge, Kodobari Police Station, in short, is as follows:--

(2.) At 7 PM on 1.1.2006 informant's elder brother, Dhrub Narain Singh left the house saying that he would be having wine and meat at the house of his Bataidar, Ram Swaroop S/o. late Sukul Sathal, a co-villager of the same village. However, he became traceless since then. On 2.1.2006 his brother's cycle was found at a distance of one and a half kilometer from the house. In spite of hectic search, his brother was not traceable. He suspects that his brother has been murdered and the dead body has been purposefully hidden.

(3.) On the basis of the written report, Dighalbank Police Station Case No. 1 of 2006 dated 3.1.2006 was instituted under Section 364 of the I.P.C. against unknown. In course of investigation, the dead body was recovered and Sections 302/201/34 were added in the formal F.I.R. Charge-sheet was submitted against Ram Swaroop under Sections 364, 302 and 201/34 of the I.P.C., while the investigation against Dhana Santhalin, wife of appellant, Ram Swaroop was kept pending. The learned Chief Judicial Magistrate, Kishanganj took cognizance and committed the case to the Court of Sessions, which was transferred to the Court of Additional Sessions Judge-cum-Fast Track Court-5, Kishanganj for trial. At the trial, charges under Sections 364, 302 and 201/34 of the I.P.C. were framed against the accused, Ram Swaroop to which he pleaded not guilty and claimed to be tried.