BUDHINATH MURMU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Appeal is preferred on behalf of the appellant being aggrieved by the judgment of conviction dtd. 30/1/2002 and order of sentence dtd. 4/2/2002 passed by Learned Additional District and Sessions Judge, Pakur, in Sessions Trial No.3 of 1978, whereby and wherein the appellant has been convicted for offences under Ss. 302 and 201 IPC. He was sentenced to undergo imprisonment for life under Sec. 302 IPC and further to undergo rigorous imprisonment for 05 years for offence under Sec. 201 IPC. Both the sentences were ordered to run concurrently.

(2.) Heard learned counsel for the appellant and learned Spl. P.P. for the State and perused the material available on record.

(3.) The F.I.R. is at the instance of one Lakhi Chandra Mirdha. He alleged that the deceased Mirja Murmu was living in the house with her cousin, uncle and aunt. On 29/30/9/1976, the deceased became traceless for which her sister who was also a resident of the same village had filed a missing report with the Police Station informing the aforesaid fact. He further states in the F.I.R. that this appellant and the others on the pretext of searching the deceased left the house and they also went missing. The informant further states that with the help of the villagers, this appellant and the other accused persons were traced out when they disclosed their guilt and they disclosed that they had committed murder of the deceased and had thrown the dead body in a tank. This appellant and others thereafter were brought to the Police Station where the confessional statement was recorded and the F.I.R. was also drawn up. On the aforesaid fact, Pakuria P.S. Case No.3/76 was registered under Ss. 302 and 201/34 IPC.