SURESH NAG Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) No one appears for the appellant in spite of repeated calls. On earlier occasion also when the matter was taken up, no one appeared for the appellant in spite of repeated calls and the case was adjourned for today. However, learned APP appears on behalf of the State. We have gone through the record with the help of learned counsel for the State.

(2.) This appeal has been filed by the appellant Suresh Nag, aggrieved by the Judgment of conviction and Order of sentence dated 04.05.1992 passed in S.T. No. 21 of 1990 / 30 of 1990, by learned 2nd Additional Judicial Commissioner, Camp Court, Khunti, whereby the Trial Court has found the appellant guilty for the offences under Sections 302 and 201 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo life imprisonment for the offence under Sec. 302 of the Indian Penal Code and is also sentenced to undergo RI for seven years for the offence under Sec. 201 of the Indian Penal Code.

(3.) According to the prosecution story, a female dead body was found in a septic tank of a hostel of a school. As the mob assembled there, the Bhabhi of the deceased identified the dead body to be of her sister-in-law (Nanad) Karuna Nag, aged about 17 years. She informed that there was an affair between the deceased and the appellant for about last four years. About 13 days ago, the appellant had entered the room of the deceased girl and they were talking together which was seen by her husband (elder brother of the deceased), who had also assaulted the appellant. On 31.01.1987 the deceased eloped with the appellant and thereafter she was being searched. Thereafter her dead body was found on 10.02.1987 in the septic tank of the hostel. The FIR was lodged by Chowkidar Vijay Munda, who had found the dead body. In the FIR, the Chowkidar had suspected that the murder of the girl was committed by her two brothers who were opposing the affair between the appellant and the girl and the dead body was concealed in the septic tank.