JAI PRAKASH SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appellants, namely, Jai Prakash Singh, Sumeshwar Singh @ Guduwa, Mohan Singh and Munarik Singh have been convicted and sentenced to R.I. for life and fine of Rs. 2,000/-each under section 302 / 34 of the Indian Penal Code and R.I. for three years and fine of Rs. 1,000/- each under section 201 / 34 of the Indian Penal Code. They have also been convicted under section 341 / 34 , section 342 / 34 , section 323 / 34 and section 506 / 34 of the Indian Penal Code, however, no separate sentence has been awarded for the aforesaid offences.

(2.) Jhalo Devi, the mother of Subhash Singh, is the informant of this case. In the night of 08 th October, 2010 at about 11:00 am on hearing commotion she came out from her house. She found that her son Subhash Singh has been confined in the house of Munarik Singh. Next day at about 11:00 am Munarik Singh , Sumeshwar Singh @ Guduwa and Jai Prakash Singh brought her son to a nearby school and started assaulting him with lathi. When she tried to rescue her son then Sumeshwar Singh assaulted her. The accused persons thereafter carried her son to her house and left. She offered water to her son but while drinking water he succumbed to his injuries. She covered the dead body of her son and bolted the room from outside but in the evening when she entered her house she found that the dead body of her son was not there. She has further stated that the appellants threatened her not to go to the police for lodging any complaint about the occurrence.

(3.) The informant has gone to the police station on 10.10.2010 and her fardbeyan was recorded by B. D. Jha, Sub-Inspector of Police at Sadar Hospital, Latehar at about 12:30 hrs. in the afternoon. On the basis of her fardbeyan, Latehar P.S. Case No. 124 of 2010 was lodged against Sumeshwar Singh @ Guduwa, Jai Prakash Singh, Mohan Singh and Munarik Singh under sections 341 / 342 / 323 / 506 / 302 and 201 r/w section 34 of the Indian Penal Code.