ETWA BHUIYAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Appellants have preferred this appeal against the judgment of conviction and order of sentence dtd. 31/1/2003 passed by the District and Sessions Judge, Latehar in Sessions Trial No.280 of 2001 arising out of Chandwa Police Station Case No.21 of 2001 (G.R. No. 128 of 2001), whereby and whereunder, the appellants have been convicted for offences under Ss. 364, 302, 201/34 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for life for offence under Ss. 302, 364 of the Indian Penal Code; rigorous imprisonment for five years for offence under Ss. 201/34 of the Indian Penal Code.

(2.) Learned counsel appearing for the appellants submitted that the informant and P.W.2 cannot be said to be the eye witness. There are discrepancies and contradictions in their statement. The main accused Maksudan Bhuiyan has not been tried in this case. None of the weapons were recovered. He further argued that the occurrence had taken place in the village, but none of the villagers had been examined in this case, which suggests that the appellants have been falsely implicated in this case.

(3.) Learned counsel for the State submitted that P.W.1 and P.W.2 are eye witnesses. They had seen these appellants forcibly taking the deceased along with them during night hours at about 01.00 a.m. P.W.1 and P.W.2 followed them to some distance, but, after some time, to save their lives, they returned. Body was recovered on the very next morning. Considering the proximity of the appellants having been last seen with the deceased and recovery of the dead body, it is clear that only these appellants had abducted the deceased and committed his murder.