MANOHAR @ PAGLA SAWAYAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal has been preferred by the appellants named above against the judgment dated 29.5.1991 passed in Sessions Trial No. 69 of 1988 by Shri J iwan Tigga, 2nd Additional Sessions Judge, Singhbhum at Chaibasa whereby and whereunder they were found guilty for the offence under Sections 302 and 201 read with Section 34 of the Indian Penal Code and they were convicted and sentenced to undergo R.I. for life for the offence under Section 302/34 of the Indian Penal Code and R.I. for seven years for the offence under Section 201/34 of the Indian Penal Code. However, both the sentences were ordered to run concurrently.

(2.) THE prosecution case has arisen on the basis of the written report (Ext. 8) of PW 8, Kishore Sawayan, Mukhiya of village -Gundipua lodged before the Muffasil P.S., District Singhbhum on 28.8.1987 on the recovery of an unknown naked dead body of a woman in the paddy field full of water in village -Gundipua and the case was Instituted against unknown accused persons on 28.8.1987 at 6.00 hours which was received in the Court of Chief Judicial Magistrate, Singhbhum on 29.8.1987. The time of the alleged occurrence, however, has not been disclosed in the written report, (Ext. 8) aforesaid.

(3.) IN course of investigation the dead body of the deceased was identified as Sohbari Kui @ Kundri Kui, wife of PW 1, Bhukari Sawayan resident of village - Gil -pitola Kiriwada on the basis of her photographs and the complicity of both the appellants also transpired and on the confessional statement made by the appellants and as pointed by them the petticoat of the deceased was recovered in presence of the witnesses from a bush in village -Gilpitola Kirigote where her murder has been committed.