MD.ISRAIL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judigment of conviction and order of sentence dated 24.7.2001 passed in Sessions, Trial No. 42/87, whereby and whereunder the learned 2nd Additional Sessions Judge, Gumla held the appellants guilty under, Section 302/34, IPC and sentenced them to serve RI for life.

(2.) BRIEF facts leading to this appeal are that the informant Madan Mohan Mishra, ASI of Bishunpur P.S. District Ranchi got information that some employees of Geological Survey Camp, organized in Bishunpur area, have caused death of a female in village Gora Pahar Toll. Sri Mishra after recording this information in the SD Entry No. 33 dated 3.6.1984, started for the place of occurrence. According to him, he learnt from the villager Gendra Asur, PW 6 that one month ago while he was ploughing his field, two male persons including an employee of Geological Survey Camp went towards the camp along with one female between 6 -7 p.m. According to this witness, next morning he found a headless dead body of female lying in his field. This witness further asserted that he could identify the dead body from her dress, red petticoat and blouse. As he found the dead body being eaten by dogs, he along with other villagers decided to cover the dead body besides rivulet situated nearby. Having got this information the informant sent him along with PW 6, PW 3 Mailu Asur and PW 4 AtwaAsur to the Geological Survey Camp where they identified appellant Israfil present. According to the informant appellant Israfil confessed his guilt before these witnesses and others present in the camp. Accordingly he went to the Geological Survey Camp Unit No. 296 and arrested the appellants after making enquiry from Camp Incharge Kedar Nath Upadhyay, PW 8. He further seized one dagger with wooden bat from belongings of appellant Israfil on his confessional statement in presence of witnesses. Then informant recorded his self statement and forwarded it for registration of case to Bishunpur P.S., on the basis of which Bishunpur P.S. Case No. 18/84 dated 4.6.1984 was registered under Section 302/34, IPC against the appellants. The dead body was recovered from the rivulet and sent for post -mortem examination. The police investigated the case and finally submitted charge -sheet against both the appellants under Section 302/34, IPC. The case of the appellant was committed to the Court of sessions where charges were framed against them on 21.11.1989. The appellants pleaded not guilty and claimed false prosecution. The learned trial Court after examining witnesses found and held guilty under Section 302/34, IPC and sentenced them as aforesaid.

(3.) LEARNED Counsel for the appellants submitted that all these circumstances have not been explained to the appellants in recording their statements under Section 313, CrPC. It is also stressed that said confessional statement has not been proved by witnesses in whose presence appellant Israfil has confessed his guilty. Therefore, mere recovery of an ordinary dagger does not show that the offence was committed by the appellants. It is also assert that the delay in lodging of FIR itself is fatal for the prosecution case. Learned Counsel for the appellants further submitted that appellants have already remained in custody for more than five years after their conviction.