JATTU PAHAN Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This criminal appeal has been directed against the judgment of conviction and sentence dated 07.02.2004 and 09.02.2004 respectively passed by the Additional Sessions Judge, F.T.C. No. I, Gumla in Sessions Trial No. 170/2003 in connection with G.R. Case No. 70/2003 arising out of Palkot P.S. Case No. 12/2003 whereby the appellant has been held guilty for the offence punishable under Sec. 302, 201 of the Indian Penal Code and sentenced to undergo R.I. for life under Sec. 302 of the IPC and R.I. for five years under Sec. 201 IPC and both the sentences were directed to run concurrently.

(3.) The facts emerging from the written report lodged by Pushpa Devi (P.W. -11), wife of Kameshwar Choudhary is that on 27.01.2003 at about 10:00 a.m., Kameshwar Choudhary left home for going to village - Murkunda but did not return home. The informant thought that her husband might have stayed in that village but on the next day too, when Kameshwar Choudhary did not return, the informant made a search for her husband but could not succeed. On 01.02.2003, she could learn that her husband Kameshwar Choudhary with Jattu Pahan (appellant) had gone somewhere on 27.01.2003 and, therefore, she went to the house of Jattu Pahan to know where about of her husband. She found a bicycle belonging to deceased parked in the house of Jattu Pahan but appellant was not available. The informant suspecting murder of her husband at the hands of Jattu Pahan, lodged written report on 01.02.2003. On the basis of written report, Gumla (Palkot) P.S. Case No. 12/2003 under Sec. 302, 201 of the Indian Penal Code against appellant Jattu Pahan was registered.