MANISHAL MURMU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) These appeals are directed against the judgment of conviction and order of sentence dated 21.12.2002 passed by 4th Additional Sessions Judge, Dumka in Sessions Case no.19 of 2001, whereby and whereunder he convicted the appellants under section 302/34 of the I.P.C. and also under section 201 of the I.P.C. and sentenced them to undergo imprisonment for live for the offence under section 302 of the I.P.C. and R.I. for five years for the offence under section 201 of the I.P.C. and ordered that both the sentences will run concurrently.

(2.) The case of prosecution in brief is that on 24.8.2000, informant P.W.1 heard a rumour that dead body of a lady is floating in Dhobijoriya (river). Accordingly, he went there and saw the dead body of a lady floating in the river. It is further stated that in the meanwhile, officer-in-charge of Ramgarh police station also arrived and he with the help of villagers took out headless dead body of a female from the river. Thereafter, they saw Tattoo, bearing name of "Surajmani Tudu", on the left hand of the dead body. It is stated that head of the deadbody was concealed somewhere else. Accordingly, informant and others suspected that lady was killed somewhere else and her headless dead body was thrown in the river whereas her head was kept somewhere else with an intention to conceal the evidence.

(3.) Accordingly, Ramgarh P.S.case no. 74 of 2000 under section 302/201 of theI.P.C.was instituted against unknown and police took up investigation. It appears that during investigation, police prepared inquest report of head-less dead body of the deceased ( Ext.5). It further appears that in course of investigation appellant Kirani Hembram was arrested and he confessed his guilty before Sub-Inspector of Police,namely, Baidyanath Singh . It further appears that head of the deceased was recovered from a well situated at a distance of 1 k.m. from village Pindari on the confession of Kirani Hembram and police prepared second inquest report (Ext.6). It further appears that after completing investigation, police submitted charge-sheet against the appellants under section 302 of the I.P.C. and also under section 201 of the I.P.C.