SUKRA MUNDA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Since both the appeal arises out of the common judgment of conviction and order of sentence dtd. 21/2/2000, as such they have been tagged together and taken up together for analogous hearing and are being disposed of by this common order.

(2.) Both the appeals have been filed under Sec. 374 (2) of the Code of Criminal Procedure,1973 against judgment of conviction and order of sentence dtd. 21/2/2000, passed by learned 5th Additional Judicial Commissioner, Ranchi in Sessions Trial No.215 of 1992, by which the appellants have been convicted under Sec. 302/34 and 201/34 I.P.C and sentenced to undergo rigorous imprisonment for life for the offence under Sec. 302/34 IPC and rigorous imprisonment for three years for the offence under Sec. 201/34 IPC. Both the sentences were ordered to run concurrently.

(3.) The prosecution case, in brief, is that on 25/1/1990 at Morhabadi, P.S Bariatu, district Ranchi in Sharma Bagan, the informant Ram Mohan Nayak, who worked as a Gardener in Sharma Bagan, learnt that a dead body was lying in naked condition in a dilapidated room situated inside of Sharma Bagan. The informant went there and saw that one unknown dead body was lying there in naked condition and there were injuries on the person caused by sharp and pointed weapons and there was profuse bleeding from the head of the dead body. The informant presumed that one unknown person had been brought there and had been murdered by sharp cutting weapons and the dead body had been kept in the room of Sharma Bagan for screening the dead body. The dead body could not be identified. It appeared to the informant that the occurrence had taken place in the last night.