GHUGHUL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Appellant no.1 [Shamsuddin Khalifa] has already died and as such, his case stood abated vide order dtd. 24/9/2024. Accordingly, the instant Criminal Appeal (DB) is confined to the appellant no.2 [Ghughul @ Isha Khalifa].

(2.) This Criminal appeal is directed against the judgment of conviction dtd. 17/4/2002 and order of sentence dtd. 22/4/2002, passed by learned Additional Sessions Judge, Palamau, (FTC No. 1) in Sessions Trial No.557 of 1988 (arising out of Chhattarpur P.S. Case No.75 of 1988 and G.R. No.744 of 1988) whereby and whereunder the appellant has been held guilty and convicted under Ss. 302/34 IPC and sentenced to undergo life imprisonment.

(3.) The case of prosecution is based on the written report of the informant (P.W.4) who is father of the deceased. As per FIR his son had gone to purchase Tobacco in the shop of appellant no.1 [Shamsuddin Khalifa] where the appellant(s) alleged that he committed theft of money. The son (deceased) fled away from the shop by jumping from the window. He was chased by the accused persons and the informant' wife [Johra Bibi] was also running behind the accused. Out of fear, the son (deceased) hid behind a tree, but he was caught by the accused persons who wrapped a towel (Gamcha) in his neck and murdered him. They dropped the dead-body in a well situated towards the west of the palm trees. It has further been mentioned that the wife of informant was following them and had seen the occurrence, so did one villager, Jasim Khalifa.