UDAY SUNDI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Ms. Shruti Shrestha, learned counsel for the appellant and Mr. Bhola Nath Ojha, learned A.P.P.

(2.) This criminal appeal is directed against the judgment and order of conviction and sentence dtd. 24/8/2017 (sentence dtd. 28/8/2017) passed by Sri Manoj Kumar Singh, learned Additional Sessions Judge-I, West Singhbhum at Chaibasa in S. T. Case No. 205 of 2009, whereby and whereunder, the appellant has been convicted for the offence punishable u/s 302 of the Indian Penal Code while acquitting him for the charges levelled u/s 497 of the Indian Penal Code and sentenced to undergo rigorous imprisonment (R.I.) for life along with a fine of Rs.10,000.00.

(3.) The prosecution case as would appear from the First Information Report is that the son of the informant Nand Kishore Gope was married to Barsi Gope and they were having three children. The daughter-in-law of the informant was having an illicit relationship with Uday Sundi (Appellant) for the last one and half years and her daughter-in-law was carrying a pregnancy of six months. It has been alleged that Uday Sundi sells Ayurvedic medicine at Goelkera market and is also married having children. On account of such illicit relationship, the son and daughter-in-law of the informant used to regularly quarrel. On 4/5/2009 Uday Sundi on the pretext of going to a fair and consuming wine had taken away her son and after two-three days when Uday Sundi returned to Goelkera, the informant had asked him about the whereabouts of her son to which Uday Sundi had replied that her son had returned back to Goelkera prior to his return. Since her son could not be traced out an information was given to Goelkera Police Station. It has further been alleged that on 17/5/2009 an information was received that a decomposed dead body was lying at Gantuburu forest. When the informant and other went to Daroga Sai, Rasika Bhengra who is the son-in-law of Uday Sundi had disclosed that on 5/5/2009 his father-in- law and Nand Kishore Gope had come to his house and in the afternoon they had gone to Gantuburu forest. When they reached the jungle, the father-in-law who was having an axe started assaulting Nand Kishore Gope on his head. His father-in-law had told Rasika Bhengra not to disclose the incident to anyone. When the informant went to the jungle she found the decomposed dead body of her son.