DURGA GAGRAI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal arises out of judgment and order of conviction and sentence dated 2.8.2003 and 4.8.2003 respectively passed by the 2nd Additional Sessions Judge,Singhbhum (West) at Chaibasa, in Sessions Trial No. 103 of 2002 whereby the appellants have been held guilty for offence under sections 302/201/34 of the Indian penal Code and accordingly the appellants have been convicted under section 302/34 IPC and sentenced to undergo rigorous imprisonment for life. Further, the appellants have also been convicted under section 201/34 of the Indian Penal Code and accordingly sentenced to undergo rigorous imprisonment for seven years.

(2.) Prosecution case, in short, is that the informant- (PW1) Langoru Gagrai lodged a written report with the Police on 23.11.2001 that his brother Rupa Gograi and his wife Nanika Kui were missing from the village from 9.11.2001. During enquiry, PW3- Jhinki Kui informed that on 9.11.2001, while she was returning with Rupa Gograi and Nanika Kui, the appellant Durga Gograi, armed with Banki, (a sharp cutting weapon), was waiting on the way for killing Rupa Gagrai and that the appellants killed Rupa and his wife Nanika Kui. When the villagers along with the Munda-PW5- Ram Rai Gagrai went to enquire from the appellants, appellant no. 1 Durga Gagrai was not found in his home. However, appellant no. 2, Sur Singh Gagrai, confessed his guilt and on his confession, skulls of the brother and the Bhabhi of the informant were recovered along with a saari of the deceased Nanika Kui, which was identified by him.

(3.) On the basis of the said fard beyan of the informant (PW1), Bandgaon PS Case No. 40 of 2001 was registered. After investigation, charge sheet was submitted against the appellants who faced the trial and were convicted as aforesaid.