SANDEEP HEMBRUM AND ORS. Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal instituted at the instance of the appellants Sandeep Hembrum and Rohit Marandi is directed against the judgment of conviction and order of sentence dated 24.5.2004 passed by the then Additional Sessions Judge -cum -FTC No. V, Deoghar in S.C. Nos. 185 and 257 of 2003 whereby and whereunder the court while acquitting co -accused Ansar Khan alias Luthra Mian found these two appellants guilty for committing murder of Ramdeo Mahto in furtherance of their common intention and also for causing evidence of murder disappeared convicted them for the offence punishable under Section 302/34 and also under Section 201/34 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for life for the offence under Section 302/34 of the Indian Penal Code and further to undergo rigorous imprisonment for seven years for the offence under Section 201/34 of the Indian Penal Code. The case of the prosecution is that the informant, Hari Mahto (P.W. 11) was in need of fodder and hence, he requested one Asmat Mian, who was having tractor, to bring it from Suggapahari. On 28.2.2003 at about 3 p.m. the said Asmat Mian came to the informant with his tractor to bring hey for him. On being asked he proceed with tractor. Ramdeo Mahto, son of the informant, by riding Motor Cycle followed him. Asmat Mian came back with hey at about 7 p.m. but his son Ramdeo Mahto (deceased) did not return. On being asked by the informant, Asmat Mian told him that he will be coming after some time but Ramdeo Mahto did not return home and therefore, in the early morning of 1.3.2003 the informant set out in search of his son. During that course, when he came to Dhobbadih, he found crowd being assembled at the place where he found headless dead body of his son.

(2.) ON the same day, i.e. 1.3.2003 Sub -Inspector of Madhupur Police Station Shiv Kumar Pathak, (P.W. 14) who came to know that one man has been killed, he came to the place of occurrence at Dhobbadih where at about 11.05 hours he recorded the statement of the informant Hari Mahto (P.W. 11) wherein he narrated the same story as has been stated hereinabove. The informant in his Fardbeyan (Ext. 7) raised suspicion against Asmat Mian, who was having grudge on account of the fact that the informant instead of taking brick from Asmat Mian had started taking brick from Yakub Mian. On the basis of the said Fardbeyan, an F.I.R. was registered against Asmat Mian and others. The said Shiv Kumar Pathak (P.W. 14) undertook the investigation. During which he held inquest on the dead body of the deceased and sent the dead body for post mortem examination. Meanwhile, head of the body was recovered from a well at the instance of the appellant Sandeep Hembrum in presence of Reyan Khan (P.W. 2). That was also sent for post mortem examination. Upon receiving the dead body, Dr. Rameshwar Mahto (P.W. 9) held autopsy on the dead body and found the following injuries.

(3.) DOCTOR issued post mortem examination report (Ext. 3) with an opinion that death was caused due to shock and haemorrhage as a result of above injuries caused by sharp cutting weapon.