KAMLESH YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 28.3.2003 passed by the learned 3rd Additional Sessions Judge, Palamau at Daltonganj in Sessions Trial No. 169 of 1999, convicting the appellants for the offences under sections 302/34 IPC and 201 IPC and sentencing them to undergo R.I. for life under section 302/34 and to pay a fine of Rs. 5000/- each, in default to undergo S.I. for a period of six months and R.I. for 07 years under Section 201 IPC. However, all the sentences were directed to run concurrently.

(2.) Prosecution case in short is as follows: the informant- Munarik Yadav-P.W.-1 gave a fard-beyan at the police station on 27.7.98 at about 5 a.m. along with the dead body of his wife (Parwati Devi) to the effect that on the previous day i.e. 26.7.98 at about 10 a.m. his wife went to jungle but she did not return for long time. The informant then went to Tngra at Kathariya Pahar to search her, when he saw the appellants fleeing away after leaving the dead body of his wife in burning condition on the pyre. When he went near he found the smell of Kerosene Oil and dead body was burnt. His brother-in-law, Ramjit Yadav (P.W.-3) and son, Prawesh Yadav (P.W.-6) also went with him and they also saw the appellants fleeing away and they were chased also. It has been alleged by the informant that the reason for the incident is that the appellant wanted to take back the land purchased by the prosecution party.

(3.) On the next day, i.e. on 28.7.98 , appellant No. 1 was arrested from his house and appellant No. 2 was arrested from his house after a week, whereas, appellant No. 3 surrendered before the Court . On completion of investigation, police submitted chargesheet. The appellants pleaded not guilty and they faced the trial.