UTTAM CHANDRA DAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Appellants are before this Court in appeal against the judgment of conviction and sentence under Ss. 201, 302/34 of the IPC.

(2.) As per the written report of the father of the deceased, dispute ensued between the deceased and the other group involved in the Saraswati Puja celebration on the issue of screening of cinema. The deceased insisted that Hindi film be screened, whereas the accused persons wanted screening of a Bangla film. This resulted in altercation and on 5/2/1996, Nakul Chandra Das father of Uttam Chandra Das threatened the informant's son with his life. On 6/2/1996, Dijen Mandal came to his house and asked his son Phulkishore (deceased) to accompany him on the occasion of immersion of idol of goddess Saraswati. Initially, he refused, but later on his request, he accompanied him, but never returned back home. Informant and his sons informed this to Nakul Chandra, but he did not extend any help. It is further case of the prosecution case that on that night while on search of the deceased, Akshay Kumar Das (P.W. 1) had seen all the four accused persons near the bus stand variously armed lathi, iron rod, knife etc. During course of search, they found blood stains behind the house of the Mukhiya and also a muffler. They followed blood-stained marks from there and the dead body was found from the railway track.

(3.) Initially, Madhupur Railway Police registered U.D. Case No.13/96 on 7/2/1996 and thereafter, as the jurisdiction was within Jamtara District, so it was lodged as Jamtara P.S. Case No.42 of 1996 Police on investigation, found the case true and submitted charge sheet. Appellants were put on trial for the offence under Sec. 302/201 of the IPC.