UDIT RAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE sole appellant, Udit Ram, has preferred this appeal against the judgment and order of conviction and sentence dated 1.5.2001 and 2.5.2001 respectively passed by Shri K.N. Sah, the learned 8th Additional Sessions Judge, Palamau at Dallonganj in S.T. No. 125/2000, whereby and whereunder, the appellant was convicted under Sections 302/34, IPC and sentenced to undergo RI for life and further convicted under Sections 201/ 120B, IPC but no separate sentence was awarded under those Sections. However, co -accused, Salamgir, was found not guilty and acquitted.

(2.) THE prosecution case based on the fardbayan. Ex. 6 of PW 4, Sabir Alam, recorded by the S.I. Sher Jahan Khan, PW 11, on 1.12.1998 at 14.30 hrs. at village Gurdi, P.S. Garhwa, is that in the evening of 30.11.1998 at about 6.30 p.m. he was talking with his father, Minhazuddin, at his door. Mis father was in service at telephone booth Railha. He used to return home on each day in the evening. At that time two persons wrapped with blanket came there and asked his father that they had to make calls on telephone. Then his father asked them to come to Railha in the morning to make calls on phone. The informant, his lather and those two unknown persons went towards the East of his house talking together reached to their khalihan. Both the unknown persons informed the father of the informant that they are much tired due to extensive firing and are feeling hungry. They asked to arrange food. The father of the informant asked the informant to bring food for them. The informant went home and returned back to khalihan taking food for them. After sometimes the unknown persons asked the informant to go home. The informant returned home and his father was sitting there alongwith those unknown two persons in the khailhan. After half an hour the informant again went to khalihan where he did not find the two unknown persons and his father. He informed the villagers and his uncle who went in search of them. At night they could not be traced out. The informant and others were going to inform the Police. In the meantime, the Police went to the village where his Jardbayan, Ext. 6 was recorded. The informant claimed to identify both the unknown persons who kidnapped his father to cause his murder. On the basis of the Jardbayan, formal FIR, Ext. 7, under Section 364, IPC was drawn against two unknown persons. In the course of investigation, the dead body of Minhazuddin, the father of the informant, was found East of Kuraila hilltop in village Pratappur Tola Karauna and offence under Section 302, IPC was added. After investigation charge -sheet was submitted against Udit Ram, Shekh Salamgir, Akbar Khan and Sowem RaiTinath Ram (absconder) co -accused, Akbar Khan, has also absconded. The learned 2nd Additional Sessions Judge, Palarnau, framed charges against Udit Ram and Shekh Salamgir under Sections 302/34/201/120B, IPC.

(3.) THE learned 8th Additional Session Judge, Palamau at Daltonganj considered the oral and documentary evidence adduced on behalf of the prosecution and convicted this appellant under Sections 302/34/201/120B, IPC and sentenced him to undergo RI for life whereas he acquitted the co -accused, Salamgir Shekh, from all the charges levelled against him.