SEPAHI MUNDA Vs. STATE OF BIHAR NOW JHARKHAND

JUDGEMENT

(1.) This appeal at the instance of the appellant stands directed against the impugned judgment and order'dated 14-7-1998 and 16.7.1998 respectively passed in Sessions Trial No. 379 of 1990 by Shri Birendra Singh 1st Additional Judicial Commissioner Khunti Ranchi whereby and whereunder the appellant was found guilty for the offence punishable under Section 364 of the Indian Penal Code and he was convicted and sentenced to undergo rigorous imprisonment for five years.

(2.) The prosecution case has arisen on the basis of the written report (Ext. 1) of informant P. W. 1 Bishram Munda, father of Narayan Singh Munda, the alleged victim in this case lodged before OC Arka Police Station on 26-7-1988 at 18.00 hours regarding the occurrence which is said to have taken place between 12.00 hours of 17-7- 1988 and 18.00 hours of 26-7-1988 at Village - Huduwa, Police Station - Arkl Khunti District Ranchi.

(3.) The prosecution case, in brief is that appellant Sepahi Munda resident of Village Rumchum Pola Burumudi came to the house of the informant on 17-7-1988 and asked him to send his son Narayan Singh Munda to his house for doing some work and at this the information told him that there is no other person at his house to work and it is difficult for him to allow his son Narayan Singh Munda to go with him and at this the appellant assured him that Narayan Singh Munda shall be sent back after three or four days. It is alleged that the appellant took Narayan Singh Munda with him to his house. It is also alleged that the informant sent his wife P.W. 2 Champa Devi and his son Shukhlal Munda to the house of the appellant on 20-7-1988 to bring back Narayan Singh Munda aforesaid and on return from there his wife told him that Narayan Singh Munda was not found there and there is also no work in the house of the appellant for him and on query the appellant has told her that Narayan Singh Munda is not here but she has found his cycle and umbrella in the house of the appellant. She has also stated that on query the appellant stated that he does not know as to where Narayan Singh Munda has gone. It is alleged that he has reasonable suspicion that the appellant has taken away Narayan Singh Munda on the pretext of doing, some work and he has killed him and has concealed his dead body.