RAMU KISKU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 24.2.2004 passed by the 2nd Additional Sessions Judge, Dumka in S.C.No.228 of 2002 whereby and whereunder the appellant having been found guilty for committing murder of Nunuwa Murmu and causing disappearance of the evidence was convicted under Sections 302 and 201 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for life and three years for the offences under Section 302 of the Indian Penal Code and 201 of the Indian Penal Code respectively. Both the sentences were ordered to be run concurrently.

(2.) IT is the case of the prosecution that on 11.4.2002 Nunuw Murmu, husband of the informant (P.W.5) had left home for going to the house of Sukhchan Kumar for having talk with respect to selling of trees. At about 12.30 in the noon the informant could know that the appellant Ramu Kisku has killed her husband and dragged the dead body down to the ditch. According to her, the appellant did that as he was having long drawn dispute with her husband. When the police after knowing about the occurrence came to the village, the informant gave Fardbeyan (Ext.2) at about 1 P.M. On the basis of which FIR was lodged as Jarmundi P.S. Case no.59 of 2002 under Sections 302 and 201 of the Indian Penal Code against the appellant.

(3.) THE matter was taken up for investigation by the Investigating Officer, Ram Bachan Singh (P.W.8). During investigation, the Investigating Officer held Inquest on the dead body. Accordingly, he drew the Inquest Report (Ext.3). Thereupon the dead body was sent for post mortem examination on12.4.2002. Dr.D.N.Pandey, P.W.9 held autopsy on the dead body of the deceased and found the following ante -mortem injuries.