AMRIT LAKRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appellants have preferred this appeal against the judgment of conviction dtd. 3/8/2002 and order of sentence dtd. 5/8/2002 passed by the Sessions Judge, Gumla in Sessions Trial No. 186 of 1998, whereby the appellants have been held guilty and convicted for the offence punishable under Ss. 302/34 and 201 of Indian Penal Code and they have been sentenced to undergo imprisonment for life under Sec. 302 of IPC and rigorous imprisonment of one year under Sec. 201 of IPC. Both the sentences were ordered to run concurrently.

(2.) The F.I.R. is at the instance of the father of the deceased, who is PW 2. The fardbeyan was recorded on 28/3/1998. He stated that on 22/3/1998, his son Bimal Paul Tirkey aged about 16 years took meal along with the family members. At about 2:30 p.m., these appellants came to his house and told Bimal Paul Tirkey to go for hunting birds. The younger brother-PW 1 of the deceased also wanted to accompany them. The younger brother of the deceased and some other boys also followed them. In the forest, they hunted some birds, rats etc. In the evening, PW 1- younger brother of the deceased returned to his house but the elder son did not return. The informant started searching for his son and enquired from the appellants about his elder son. They told him that his son had left them and had gone to visit some of his relatives. The informant then searched the house of the relatives but his son remained traceless.

(3.) Again on 24/3/1998, the informant went to the house of Albis Minj and Anup Lakra who then threatened him. The younger brother of the informant also searched the deceased. When from the well of one Philip Lakra the dead body of the deceased was recovered, the police came there and recorded the fardbeyan which resulted in Raidih P.S. Case No. 12 of 1998 under Ss. 302/34 and 201 of IPC.