DURLABH PRADHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is preferred against the Judgment of Conviction and order of sentence dtd. 2/3/2005 passed by the learned 1st Additional Sessions Judge, Seraikella in S.T. Case No.290 of 1996, arising out of Rajnagar P.S. Case No.40 of 1991, corresponding to G.R. Case No.279 of 1991, whereby the sole appellant has been convicted for the offence punishable under Ss. 201/34 of IPC and sentenced to undergo R.I. for three years and fine of Rs.5,000.00 (Rupees five thousand) and in default of payment of fine of Rs.5,000.00, (Rupees five thousand) he was further directed to undergo R.I. for three months.

(2.) The allegations against the appellant arose in the wake of the statement of informant PW - 4, who stated that his daughter-in-law Bale Majhian on 1/5/1991 went and informed her father in law that her husband Vikram Majhi on 1/5/1991 had gone to the market with her but her husband joined Sidha Mardi of village Richituka and did not return with her. It is stated that the next day on 2/5/1991 Sidha Mardi came and informed her that her husband had gone with some another woman and from this date onwards, the son deceased was missing and frantic searches were made, in which course Sidha Mardi allegedly told that Pitho Murmu and two others along with Vikram Majhi were seen by him taking hariya liquor. The informant then came across the dead remains of a body allegedly identified as that of his son Vikram Manjhi.

(3.) On the basis of the statement, the FIR Ext-1 was registered vide Rajnagar P.S. Case No. 40 of 1991 under Sec. 302/201/34 of IPC and the investigation was carried on and after completion of investigation charge sheet was submitted against the accused persons. Learned trial court after framing the charge against the appellant along with other accused persons for the offence punishable under Ss. 304/34 and 201/34 of IPC, conducted the trial of the case and after conclusion of the trial, the impugned judgment of conviction and order of sentence is passed against the sole appellant Durlabh Pradhan and another co-accused Pitho Murmu was acquitted from the charges levelled against him and the said impugned judgment of conviction and order of sentence passed by the court below is under challenge in this appeal.