NARDE PURTY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Mufassil P.S Case No. 83 of 2011 was lodged on 09.08.2011 against unknown. In his fardbeyan which was recorded at 10:00 AM on 09.08.2011 near village Lupungutu Basa Sai, by the officer-in-charge of Mufassil PS, Shankar Chourasia has stated that his son-in-law who had gone to Jamshedpur with his family to earn livelihood was found dead in the morning and when a search was made by his co-workers it was found that he was killed with a stone. The marriage of his daughter Manju Devi was solemnized with Mahesh Chourasia about 20 years ago and from the wedlock five children were born. Since financial condition of his son-in-law was not good, in search of work he came to Jamshedpur and started living in a premise rented from one Yadav ji at Shanti Nagar, Mango. One month back, he came to work at St. Xavier College, Lupungutu with Ganesh Modak, Shankar Bhumij, Hara Nayak and others. An information about death of his son-in-law was given to him by Ganesh Modak and upon such information he came there and saw the dead body of Mahesh Chourasia. Next day, in course of investigation Radha Deogam and Narde Purty @ Nago were arrested and they suffered disclosure statements before the investigating officer. At the instance of Narde Purty, a slipper belonging to Mahesh Chourasia was recovered by the investigating officer. The co-workers of Mahesh Chourasia stated before the investigating officer that in the evening of 08.08.2011 Mahesh Chourasia had enjoined drinks together with them. At that time, Radha Deogam and one boy also came there and joined Mahesh Chourasia who stayed in the market with them. After his arrest, Narde Purty gave confessional statement before the investigating officer that he had illicit relations with Radha Deogam.

(2.) In S.T. Case No. 36 of 2012, Radha Deogam and Narde Purty have faced the trial on the charge under sections 302/34 of the Indian Penal Code for committing murder of Mahesh Chourasia in furtherance of common intention. They were convicted and sentenced to R.I for life and a fine of Rs.10,000/- each under section 302/34 of the Indian Penal Code with default stipulation to suffer further S.I for six months.

(3.) Mr. Anjani Kumar and Mr. Chandra Shekhar Pandey, the learned counsels appearing for the appellants submit that the appellants were convicted for murder on suspicion and the prosecution did not produce clinching material to connect them with murder of Mahesh Chourasia.