MANORANJAN YOGI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. C.A. Bardhan, learned counsel for the appellant and Mr. Saket Kumar, learned A.P.P.

(2.) This appeal is directed against the judgment and order of conviction and sentence dtd. 29/11/2002, (sentence passed on 3/12/2002) passed by Sri Prabhu Nath Lal, learned 1st Additional Sessions Judge, Saraikella in S.T. No. 262 of 2001, whereby and whereunder the appellant has been convicted for the offences under Ss. 364 and 302/34 IPC and has been sentenced to undergo rigorous imprisonment for 10 years along with a fine of Rs.10,000.00 for the offence under Sec. 364 IPC and in default in payment of fine, to undergo simple imprisonment for 6 months and rigorous imprisonment for life along with a fine of Rs.10,000.00 for the offence under Sec. 302/34 IPC and in default in payment of fine, to undergo simple imprisonment for 6 months.

(3.) The prosecution case arises out of the Fardbayan of Budheshwar Yogi recorded on 10/1/2001 in which it has been stated that in the previous evening at 4.00 p.m. the father of the informant Pati Yogi was readying himself to attend the Shradh in the house of Sukra Gope when Thakur Das Yogi and Manoranjan Yogi had come to his house and had told the father of the informant that they will also go to Pandra to attend the Shradh and they had asked the father of the informant to accompany them. The father of the informant left with those two persons but when he did not return in the night, the informant became anxious since Pandra village is at a distance of only 1.5 k.m. from his house. It has been stated that thereafter the informant along with his brother Ganesh Yogi went towards the village in search of their father and at 9.00 p.m. they had reached the house of Sukra Gope and when they enquired about their father Shyamlal Gope had disclosed that after having food, the father of the informant expressed his desire to attend his duty at Tiruldih O.P. at which Thakur Das Yogi and Manoranjan Yogi convinced him to go to Tiruldih O.P through the village. The father of the informant had thereafter left with both the accused. The informant and his brother were returning to their village while searching for their father when in the dry pond of Bhushan Mahto at village Pandra in the moonlight a person was found lying and on verification the body was identified to be that of the father of the informant. It has been alleged that about 6 months back Thakur Das Yogi had taken Rs.6500.00 from the father of the informant for selling his land but later on neither the land was transferred nor the money returned.