KRIST SANJAY ERIK TOPPO Vs. STATE

JUDGEMENT

(1.) The instant appeal has been preferred against the judgment dated 10-12-1996 and order of sentence dated 11-12-1996 passed in S.T.No. 431/1993 by the learned 2nd Additional Sessions Judge, Gumla convicting the appellant Krist Sanjay Erik Toppo to undergo rigorous Imprisonment for life u/s 302 of the Indian Penal Code and further sentence of Rigorous Imprisonment for 7 years u/S. 201 IPC and for 10 years u/Ss. 366 and 364 of the Indian Penal Code. However, the sentences were ordered to run concurrently.

(2.) The case of the prosecution in brief as alleged that on 7-6-1993 one Desh Bandhu Oraon submitted a written report to the Gumla Police Station stating therein that his daughter Gayatri Kumari was missing from St. Angela Girl's Hostel at Gumla Sisai Road, who was a student of K.O.College, Gumla. The informent further stated that he visited her hostel on 8-5-1993 as she had failed to turn up home during Holi festival. He came to know that his daughter had left the hostel with the appellant Krist Sanjay Erik Toppo on 13-2-1993 as the appellant had taken away her on false pretext. Thereafter, the appellant approached Amrit Toppo at village Sirmo Ambatoli and inquired about the whereabout of his daughter. He told him that she will reach home within eight days. The informant also learnt from villagers that his daughter was seen accompanying with the appellant and she had stayed in the village for some time. The informant continued in searching his daughter and he also contacted Kulasai Kujur at Nawadih Kataitoli who also assured him to help about the whereabout of his daughter. On 8-4-1993, he reached Chainpur and somehow managed to get in touch with the appellant, Sanjay Erik Toppo who was residing with Bishnu Kumar Ajak and gave lessons in Judo Karate in Mission Compound. The appellant, Sanjay Erik Toppo assured the informant that his daughter would be back within a span of eight days. The informant also contacted the father and mother of the appellant to elicit their co-operation in tracing his daughter but despite their assurances, his daughter did not return. The informant again contacted the appellant who avoided him. At Chainpur, the informant learnt from villager that his daughter Gyatri was either sold somewhere by the appellant or was killed and burried somewhere. Accordingly, the informant submitted a written report to the Police, which is Ext. 1. On the basis of which the FIR was lodged u/S. 364/366A/120B of the Indian Penal Code against the accused persons including, the appellant.

(3.) The police investigated into the case and submitted chargesheet against the accused persons. The accused persons including the appellant appeared in the Court of Sessions and charge u/S. 376/34 and 302/34 and 201/34 was framed against the appellant Krist Sanjay Erik Toppo and one Ratan Toppo; whereas charge u/S. 366 and 120B IPC was framed against the appellant, Krist Sanjay Erik Toppo and other accused persons, which was read over to the accused persons including the appellant, to which they pleaded not guilty.