ALBERT PANNA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) WHEN the case was taken up, it was informed to us that Mr. Amit Keshri, who had earlier been appointed as Amicus Curiae, has left the practice of High Court. We appointed Mrs. Priya Shreshtha, learned counsel, as Amicus Curiae to assist this Court.

(2.) THIS appeal is directed against the judgment of conviction and order of sentence dated 18.6.2001 passed by IInd Additional Sessions Judge, Gumla in S.T. No. 143 of 1997, whereby and whereunder, the appellant on being found guilty for committing murder of Shanti Bara was convicted for the offences punishable under Sections 364 and 302 of Indian Penal Code and was sentenced to undergo rigorous imprisonment for life for the offence under Section 302 of Indian Penal Code and further to undergo rigorous imprisonment for seven years for the offence under Section 364 of Indian Penal Code.

(3.) THE case of the prosecution, as has been projected, is that the deceased -Shanti Bara, daughter of the informant -Stiphen Bara (P.W. 13) had fallen in love with the appellant who wanted to marry her but the father of Shanti Bara was not agreeable to that proposal and, therefore, P.W. 13 got her (deceased) admitted at Holly Cross Convent Sewing Centre, Ambikapur on 16.7.1996. After a week i.e. on 24.7.1996, this appellant went there to meet Shanti Bara and introduced himself to the Hostel In -charge namely, Damyanti Ekka -P.W. 5, as cousin of Shanti Bara and hence he was allowed to stay back there at the night. In the early morning of 25.7.1996, the appellant took Shanti Bara with him, information of which, as per the evidence of P.W. 5, was immediately given to the informant -P.W. 13 (father of Shanti Bara). However, according to the informant, he came to know about that fact from Theodore Ekka when he had gone to the school to meet Shanti Bara. After some days, this appellant was seen in the village while taking meal towards the hilltop where he was suspected to have kept Shanti Bara. The other day, when the informant came across the appellant in the village, he asked about the whereabouts of his daughter upon which this appellant told him that he got his daughter (deceased) admitted in Shanti Nagar Kotam Sewing Centre, Palamau. Thereupon, the informant asked the appellant to bring Shanti Bara upon which the appellant told him that he will do so but the appellant thereafter went missing. Suspecting some foul play, the informant along with the villagers including P.Ws. 1, 2, 3, 4, 6 and 7 went towards the hilltop in search of Shanti Bara where they did find the skeleton in pieces and also skirt, blouse, bangles, slippers etc. which were identified as belongings of the deceased. Thereupon, the police was informed and on getting information, P.W. 14 -Sahdeo Prasad Sinha, Officer In -charge of Dumri Police Station, went there and recorded the fardbeyan (Ext. 2), upon which a formal FIR (Ext. 2/1) was drawn against the appellant.