JITENDRA ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for appellant as well as learned Additional Public Prosecutor appearing for the State.

(2.) Above named sole appellant has preferred this appeal challenging his conviction and sentence dated 2729.07.2016 passed by Learned Additional Judicial Commissioner-VIIIth, Ranchi in Sessions Trial No. 942 of 2012 (arising out of Bariyatu (Gonda) P.S. Case No. 214 of 2012), whereby and whereunder, the appellant has been held guilty for the offences punishable under Ss. 302 and 201 of the I.P.C. and sentenced to undergo imprisonment for life along with fine of Rs.5,000.00 for the offence punishable under Sec. 302 and further rigorous imprisonment of two years and fine of Rs.1,000.00 for the offence punishable under Sec. 201 of the I.P.C., both of the sentences are directed to run concurrently, with default stipulation.

(3.) Factual matrix giving rise to this appeal is that Officer-In-charge of Gonda, Police Station Shri Raj Kapoor (P.W.7) received a telephonic information on 26/11/2012 at about 1245 hours that near Gonda Talab (Pond), a female dead body is found floating. Upon this, the informant along with other police personnels reached there at about 1300 o'clock and saw that towards the south direction of the pond a human body was floating on the water, which was brought out from the pond. The female dead body was in naked condition which was decomposed and some injuries were also seen over the face and neck and mouth was tied with cloth. Inquest report of the dead body was prepared, but no local person could be able to identify the deceased. Thereafter, the body was sent for post-mortem and first information report was registered against unknown miscreants.