AVINASH CHOUHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal arises against the Judgment dated 15.12.2000 passed by the Sessions Judge, Dhanbad in Sessions Trial No. 404 of 1997, whereby and whereunder, the learned Sessions Judge convicted the appellant for committing the offence under Sections 302 and 201 of the Indian Penal Code and sentenced him to undergo R.I. for life and to pay a fine of Rs. 5,000/-, in default to undergo R.I. for a further period of one year for the offence under Section 302 IPC and for the offence under Section 201 IPC, the appellant was sentenced to undergo R.I. for five years and to pay a fine of Rs. 1,000/-, in default to undergo R.I. for a further period of three months. However, both the sentences were directed to run concurrently.

(2.) The informant Kashi Nath Paswan (P.W.-7) gave information to the Police on 14.08.1997 at about 11:00 P.M. that his son, aged about 7 - 8 years, namely Hand Kishore Paswan, was missing from his house and at that time, he was wearing a Ganjee and a Pant. The informant further alleged that the son of Raju Handi, who was also aged about 7-8 years, was stating that he saw his son (Nand Kishore) with the accused Avinash Chouhan and the accused Avinash Chouhan was telling Nand Kishore to bring that Kite which was going towards Khadan (Mine) and at this, the son of the informant Nand Kishore, ran towards the Kite and Avinash Chouhan also followed him. Since thereafter, his son did not return and therefore, he believed that the accused Avinash Chouhan had kidnapped his son in order to commit his murder. He also suspected that accused Avinash Chouhan might have killed his son and concealed his dead body.

(3.) After the F.I.R. was registered, the investigation was taken up by the Police and during investigation, the dead body of the informant's son Nand Kishore was found and thereafter, the chargesheet was submitted against the appellant Avinash Chouhan and his father Chouthi Jamadar under Section 302, 201 and 120-B read with Section 34 of the Indian penal Code.