BUDHU KUMHAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) All the three appellants were put on trial for committing murder of one Man Singh Kumhar in furtherance of their common intention and also for causing disappearance of the evidence of murder. The Ist Additional Sessions Judge, Chaibasa, West Singhbhum, having found all the three appellants guilty for committing murder of the deceased, convicted them for the offence punishable under Section 302/34 as well as under Section 201 of the Indian Penal Code, vide its judgment dated 29.8.2005, passed in Sessions Trial No.104 of 2005 and sentenced them to undergo imprisonment for life for the offence under Section 302/34 and further to undergo rigorous imprisonment for seven years for the offence under Section 201 of the Indian Penal Code vide order dated 30.8.2005.

(2.) The case of the prosecution as has been made out in the fardbeyan (Ext.4) is that on 22.10.2004 the appellant-Budhu Kumhar came to the house of the deceased-Man Singh Kumhar at about 11 A.M and took the deceased alongwith him across the river on the pretext that they will be having feast after puja which they will be offering Man Singh Kumhar, the father of the informant-Rashun Kumhar, (P.W.-3) did not return home in that night.

(3.) Mr. Pratik Sen, learned counsel appearing for the appellants submits that though the court while convicting the appellants have used two circumstances, first the deceased-Man Singh Kumhar was taken by the appellants from his house and then the deceased was found killed and the second are is that the confession made by the appellants led to recovery of the dead-body but the prosecution has failed to establish the aforesaid circumstances and thereby the court committed illegality in placing reliance on the aforesaid two circumstances and hence judgment of conviction and order of sentence is fit to be set aside.