AGHANU MANJHI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal has been filed against the judgment, convicting the appellant under Section 302, I.P.C. and sentencing him to undergo R.I. for life and to pay a fine of Rs. 200/-. The appellant has also been convicted for the offence under Section 201, I.P.C. and sentenced to undergo R.I. for six years and to pay a fine of Rs. 200/- and in default thereof to undergo R.I. for two months. The sentences were directed to run concurrently. The prosecution case, in short, is that on 5.12.2000 PW-1 Pancham Mistri lodged a fardbeyan that his brother-in-law Puni Karmali who was living with him went out of the house for market on 08.11.2000. When he did not return, the informant and others started searching him. In course of search they went to village of Puni Karmali but nothing could be learnt. Thereafter, it was learnt that on 08.11.2000 in the market the deceased was seen with the appellant. The informant and others went to the village of the appellant and learnt that for about 10-15 days he was not in the village but he was seen on 08.11.2000 with the deceased. Then the informant along with PW-4 Surmal Kumar (PW-4), one Khedan Saw, Arjun Saw and others went to the village of the appellant on 05.12.2000 and brought him to their village on the pretext that his father-in-law was ill. It is further alleged that when appellant was asked about the deceased, he confessed that he along with 2-3 others has murdered the deceased because the deceased had talked in bad language with the daughter of one Ganesh. The appellant pointed out that he has concealed the dead body under the soil in the jungle. On this the villagers assaulted him causing injuries, then the police came there and the fardbeyan was recorded.

(2.) Mr. Gopal Krishna Sinha, Learned Counsel appearing for the appellant assailed the judgment on various grounds and on the other hand the counsel for the State supported it.

(3.) There is no eye-witness in this case. As per the prosecution case, the appellant was last seen with the deceased in the market about 26 days back. There is nothing on record to show that any information was given to the police if the deceased was traceless from 8.11.2000 within a reasonable time. The fardbeyan was lodged after about 26 days on 5.12.2000. Even as per the fardbeyan the appellant was beaten by the villagers and on his confession the dead body of Puni Karmali (deceased) was recovered. In our opinion, the appellant can not be convicted under Section 302, I.P.C. even If such confession leading to recovery of the dead body is accepted.