STATE OF JHARKHAND Vs. SWAPAN KUMAR JHA

JUDGEMENT

(1.) Heard the learned counsel for the appellants and the learned Counsel for the State in all these cases. Swapan Kumar Jha, Appellant in Criminal Appeal 669 of 2010, Amarendra Kumar Sharma @ Vickey, Appellant in Criminal Appeal No. 905 of 2010 and Rockey Dutta, Appellant in Criminal Appeal No. 779 of 2010 have been referred to hereinafter as appellants'No. 1, 2 and 3 respectively.

(2.) Prosecution case, as it appears from the written report lodged by Sri Sudhanshu Shekhar Ojha is that on 28-9-2008 at about 4.30 p. m. after receiving a phone call, Sumit (deceased) son of the informant after informing his mother that he would be coming back within half an hour, left home, but did not return. The informant and other family members got worried and made a search for Sumit, but of no avail. With regard to the missing of Sumit, information was given to the Police Station on 29-9-2008 after which Station Diary Entry was made at Jharia Police Station. It is further disclosed that on 1-10-2008 in the morning, the informant on his land-line phone No. 2460618 received a call and the unknown caller demanded ransom from the informant. The aforesaid call made the informant under belief that his son Sumit has been kidnapped by some person. Thereafter, a written report was lodged on 1-10-2008 at Jharia Police Station on the basis of which Jharia PS Case No. 280 of 2008 under sections 364 A of the Indian Penal Code was registered against the holder of Mobile No. 9798148773. During investigation, dead body of Sumit was recovered after which Sections 302/201/34 IPC had also been added on 23-10-2008.

(3.) The appellants were taken on police remand after which again confession of appellant No. 1 was recorded on the basis of which the dead body of Sumit @ Govind was recovered, in the presence of an Executive Magistrate, the witnesses and the public, from a graveyard situated at Bhandaridih, Dist. Giridih. The process of digging out the dead body was also videographed. At the conclusion of the investigation/charge sheet against these appellants was submitted and they were put on trial.