BASANT MUNDA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Awnish Shankar, learned counsel for the appellant and Mr. Manoj Kumar Mishra, learned A.P.P. for the State.

(2.) This appeal is directed against the judgment and order of conviction and sentence dtd. 25/3/2017 (sentenced passed on 27/3/2017) passed by Sri Rajesh Kumar Pandey, learned Additional Sessions Judge-II, Latehar in S.T. No. 103/2009, whereby and whereunder the appellant has been convicted for the offences punishable u/s 302 and 201 of the IPC and has been sentenced to undergo R.I. for life along with a fine of Rs.10,000.00 for the offence punishable u/s 302 of the IPC and in default in payment of fine to undergo S.I. for a further period of 08 months. He has further been sentenced to undergo R.I. for 05 years along with a fine of Rs.10,000.00 for the offence punishable u/s 201 of the IPC and in default in payment of fine to undergo S.I. for 08 months. All the sentences were directed to run concurrently.

(3.) The prosecution case arises out of the fardbeyan of Rajeshwar Nayak recorded on 25/2/2009, in which, it has been stated that on 24/2/2009 at 6:00 P.M. he and his brother Manjeet Nayak had returned home and asked his sister Anita Devi about the whereabouts of his father, at which, Anita Devi disclosed that he had left the house at 10:00 A.M. to withdraw his pension without having his food. The father of the informant used to work as a labour for Tinu Kindo. In the meantime, the mother of the informant returned and all of them went in search of his father. On the way they had met Milu Oraon who disclosed that he had seen in the afternoon the father of the informant and Tinu Kindo sitting near the pond of Tinu Kindo with their legs in the water. When they went near the pond the gamcha of his father was found but there was no trace of the father of the informant. When an intense search was made in the pond the dead body of his father was fished out with his legs tied with his lungi and marks of injury with a pointed weapon were found in his body. Based on the aforesaid allegations Netarhat P.S. Case No. 04/2009 was instituted against unknown persons for the offence punishable u/s 302/34 of the IPC. On completion of investigation charge-sheet was submitted against the accused /appellant and after cognizance was taken the case was committed to the Court of Sessions where it was registered as S.T. No. 103/2009. Charge was framed against the accused for the offences punishable u/s 302 and 201 of the IPC which was read over and explained to the accused in Hindi to which he pleaded not guilty and claimed to be tried.