KARU Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mrs. Sunita Kumari, learned counsel for the appellant and Mrs. Nehala Sharmin, learned Special P.P.

(2.) This appeal is directed against the judgment and order of conviction and sentence dtd. 15/4/1998 (sentence passed on 16. 04.1998) passed by Sri Vasudeo Ram, learned 1st Additional Judicial Commissioner, Ranchi in S.T. No. 172/95 whereby and whereunder, the appellant has been convicted for the offence under Sec. 302/201 IPC and has been sentenced to rigorous imprisonment for life for the offence under Sec. 302 IPC and simple imprisonment for 6 months for the offence under Sec. 201 IPC. Both the sentences are to run concurrently.

(3.) The prosecution case is based upon the fardbeyan of Falendra Pahan recorded on 17/10/1994, wherein it has been stated that on 16/10/1994, his brother Rajendra Pahan along with his wife and children had gone to Ghutru Mela, where he met Jagdish Munda and Karu Pahan and all had hadiya in the house of Rajendra Pahan. It has been alleged that thereafter, Jagdish Munda and Karu Pahan had taken away Rajendra Pahan with them and when till 10:00P.M. Rajendra Pahan did not return, the mother of the informant went in search of him, but he could not be found. In the morning, the informant along with the Sarpanch and village guru went to the house of Jagdish Munda to enquire regarding the whereabouts of Rajendra Pahan, but Jagdish Munda did not disclose anything. The informant found blood stains and signs of dragging from the house of Jagdish Munda up to the well of Shankar Pahan and finally the dead body of Rajendra Pahan was found in the well. The cause of the incident is that Rajendra Pahan had lost the key of the house of Jagdish Pahan entrusted to him and which occasioned breaking of the lock causing a loss of Rs.35.00 to Jagdish Pahan.