NIRMAL BHUIYAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Shekhar Siddharth, learned counsel for the appellants and Mr. Manoj Kumar Mishra, learned A.P.P. for the State.

(2.) This appeal is directed against the judgment and order of conviction and sentence dtd. 27/6/1998 (sentence passed on 30/6/1998) passed by Sri Dilkeshwar Pandey, learned 2nd Additional Sessions Judge, Chatra in S.T. No. 55 of 1996 / 15 of 1997, whereby and whereunder, the appellants have been convicted for the offence punishable u/s 302/34 of the Indian Penal Code and have been sentenced to undergo R.I. for life.

(3.) The prosecution case arises out of the fardbeyan of Sugia Devi recorded on 29/7/1995, in which, it has been stated that the son of the informant namely, Rambriksh Bhuiyan had left his house on Monday by saying that he is going to Sherghati for working as a labour and he assured the informant that he will return on Wednesday. When the son of the informant did not return on Wednesday, the informant, on Thursday went in search of her son and in village Noniapali she had met Lachhu Kurmi who disclosed that the son of the informant was in Ghagri Bazar on Wednesday and he had returned home along with co-villagers Nirmal Bhuiyan, Kargha Bhuiyan and Yamuna Bhuiyan. At this information, informant went to the house of the said persons but they could not be found. The informant came to know that these persons had fled away. It has been alleged that on Friday there was a rumour that a dead body is lying in Bishunpur Jungle and when the informant along with her relatives and some villagers had gone to the said place she had seen the body of her son. There was a black mark on the throat which indicates that the son of the informant was strangulated to death. There was a previous enmity between the informant and the accused persons who always issued threats of committing murder.