MAHESHWAR KUMHAR Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) Appellants Maheshwar Kumhar and Swamber Behra have challenged the judgment of conviction dtd. 10/5/1995 and order of sentence dtd. 12/5/1995 passed by the learned Sessions Judge, Singhbhum West at Chaibasa, in Sessions Trial No. 503 of 1990, whereby he has convicted the appellants for the offence under Ss. 302 and 201 of the Indian Penal Code, 1860 (hereinafter referred to as the 'Penal Code' for brevity) read with Sec. 34 of the Penal Code and sentenced them to undergo imprisonment for life under Sec. 302 read with Sec. 34 of the Penal Code and rigorous imprisonment for one year under Sec. 201 of the Penal Code.

(2.) Originally, 07 persons were charge-sheeted and faced trial, but only these two appellants have been convicted and rest five persons have been acquitted by the learned Sessions Judge because of paucity of evidence.

(3.) The prosecution case, in short, is that informant Parai Gope (PW.2) got his fardbeyan recorded on 13/5/1990 stating that on last Wednesday (9/5/1990) his co-villager Swamber Behra came to his house at 11/12 hours and took his son Vimal @ Bhikhu Gope saying for taking some photographs. They took the Hero Cycle along with them. On Friday his sister-in-law Jema Gopin (PW.8) came to him and told that last Wednesday at about 1-2 hours both the boys Vimal and Swamber came to her house and Vimal Gope told her that his parents are talking about negotiating some land and asked her to pay a sum of Rs.700.00 and he had also brought Swamber for her assurance. She had given that amount to Vimal. After about half an hour, both the boys left on the same cycle. On Saturday (12/5/1990) while the informant was returning home from Amda Bazar at about 4.30 p.m., and while he was crossing the river near his house, he saw one 'Ganji' lying on the road. He grew suspicious and found that it was the 'Ganji' of his son Vimal Gope. The Ganji was stained with blood. He also found dragging mark on the sand. He followed the dragging mark and at some distance found the dead body of his son lying near a Nala. The dead body had decomposed. Flesh from face, both arms and waist were consumed by wild animals. The informant identified the black colour Full Pant of his son. The informant returned home and disclosed this fact to his co-villagers and sent information to Manki of Dhansari. The informant came to learn that accused Swamber Behra had not returned home from that very day (9/5/1990). The informant further stated that though the informant or his son Vimal Gope @ Bhikhu had no enmity with the accused Swamber Behra but still he suspected that his son Vimal Gope and accused Swamber Behra might have quarreled over taking Hariya (liquor) and accused Swamber committed murder of his son Vimal and concealed the dead body in the Nala and fled away with the cycle.