NARU THAKUR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE appellants, named above, have preferred this appeal against the judgment and order of conviction and sentence dated 25th May, 2001, passed by the learned 1st Additional Sessions Judge, Gumla, in Sessions Trial No. 241 of 1997, arising out of G.R.No. 268 of 1997, whereby and whereunder, both the appellants have been convicted under Section 302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life.

(2.) THE prosecution case has arisen on the basis of the Fardbeyan (not proved) of the informant Shantu Baitha (PW 8), recorded on 20.4.1997 at 15 hours at Jhalki Garha Bujitoli by Sri Birendra Kumar, Officer -in -Chargei Palkot Police Station (not examined). On that basis formal First Information Report (not proved) was drawn up and after investigation charge against both the appellants was framed under Section 302/34 of the Indian Penal Code. The appellants denied the charges levelled against them although no defence witness was examined.

(3.) THE learned 1st Additional Sessions Judge relied the circumstantial evidence that Madan Baitha went to Village Nathpur along with these appellants and participated in a feast organized by his maternal uncle and Mousa. PW 2 is the Mousi and PW 3 is the Mousa Charku Baitha, who have also deposed that deceased had gone to their house along with these appellants and at 5.00 p.m. they left the Village -Nathpur. The doctor (PW 6) has conducted the autopsy on 21.4.1997 at 10.30 a.m. and opined that the death might have occurred in between 24 to 48 hours. From the time of post -mortem examination. PW 10, a minor boy, has produced one Farsa, which was seized and seizure list was prepared in presence of the witnesses i.e. PW 12 and PW 13, the means of assault, which corroborates the injuries found by the doctor (PW 6), who conducted autopsy. Relying the circumstantial evidence, the learned 1st Additional Sessions Judge, Gumla, convicted both the appellants, as they were last seen along with the deceased and sentenced them thereunder.