SURAJ BHUIYAN @ LAKAR BHUIYAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS Criminal appeal has been directed against the judgment of conviction and order of sentence passed by the learned 1st Additional Sessions Judge, East Singhbhum at Jamshedpur in connection with Sessions Trial No. 323 of 1999 whereby and where under the learned Additional Sessions Judge convicted the appellant under Section 302/34 I.P.C. and sentenced him to undergo R.I. for life.

(2.) THE case of the prosecution in brief is that one Smt. Alomoni Devi gave a fardbayan before the police on 19 -4 -1998 that she has been residing in New Kapali Basti along with his younger brother and her sons Meghnath and Chhotubabu. She is working in the Bunglow of Coty Saheb to maintain herself and her children. Her son was also working in Dumping. Her daughter Ahalya (deceased) was illiterate and unmarried whose marriage was settled with Suraj Bhuiyan with consent of family members of both the parties as there was earlier relation between them. Suraj was also ready to marry under the pressure of his parents and society and the parent of Suraj had given some clothes to her daughter being Saries and other things as per customs and the appellant started to come to the house of the informant and talking with her daughter (deceased). It is further alleged that on 14 -4 -1998 at about 9 p.m. the younger brother of the appellant namely Chhotan Bhuiyan came to her house and had a talk with her daughter (deceased) and just after his departure, Suraj Bhuiyan came in the night and accompanied her daughter at the relevant time and at that time her daughter was wearing red -yellow colour printed salwar suit and a white Hawai chappal. Because marriage was already settled with the appellant and as such the informant did not raise any inquiry or objection of going her daughter with Suraj Bhuiyan. She could not return till third day of her departure and thereafter a search was made and when they went to the house of Suraj Bhuiyan and inquired about her daughter but the appellant Suraj Bhuiyan and his younger brother refused to give any information. Thereafter suspicion arose against them and they started searching of her daughter. In course of search, she went to the bank of Swarnrekha river about 200 feet from the Smashan Ghat and dead body was detected at the bank of river and she along with her relatives identified the dead body as being the daughter of informant. It was tied with wire by keeping the dead body in the gunny bag. On the basis of black thread, nose ring, ear ring and red colour bangles in the hand, they claimed to have identified her daughter Ahilya, Accordingly the first information Report was lodged before the police. The police investigated into the case and submitted charge sheet against Suraj Bhuiyan, the appellant and the other Chhotan Bhuiyan.

(3.) AT the very outset, it may be noted here that the appellant was arrested by the police and the I.O. (P.W. 5) admitted in his evidence in clear term that this appellant confessed his guilt and also pointed out about the place where the dead body was kept tagging with wire and on his indication the dead body was recovered as well as the clothes of the deceased had also been recovered from the place which was pointed out by the appellant. It may be further mentioned here that the doctor (P.W. 1) who held post mortem found the following injuries on the person of the deceased: