KUBRAJ MURMU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) These Cr. Appeals have been directed against the judgment of conviction and order of sentence dated 29.04.2004 & 30.04.2004 respectively passed by the 1st Addl. Sessions Judge, Dumka in connection with S.C.No.33/2002, corresponding to G.R.No. 927/2001, arising out of Gopikandar P.S. Case No. 19/2001 whereby the appellants have been held guilty for the offence punishable under Sections 302/34, 201 of the Indian Penal Code and sentenced to undergo R.I. for life under Sections 302/34 of the Indian Penal Code and R.I. for three years under Section 201 of the Indian Penal Code. Both the sentences so passed were directed to run concurrently.

(2.) The facts in brief, as it appears from the fardbayan of Fulmuni Soren (wife of the deceased), is that on 14.10.2001 in the morning at about 8 a.m. Charan Baskey (deceased) left home along with appellant -Prabhu Hansda with a purpose to do shamanism but did not return home. On the following morning i.e. on Monday the informant went to the house of Prabhu Hansda situated at village Dalanghatu to know the whereabout of her husband. The wife of appellant -Prabhu Hansda told that her husband Prabhu Hansda had also left home on Saturday but did not return. Thereafter the informant with her relatives made search of her husband but could not succeed. Finally on Tuesday, she got dead body of Charan Baskey concealed within bush within Khil Sukra forest. On 17.10.2001, fardbayan of Fulmuni Soren was recorded and Gopikandar P.S. Case No. 19/2001, under Sections 302/201 of the Indian Penal Code was registered against Prabhu Hansda and others.

(3.) The appellants have assailed the impugned judgment mainly on the ground that conviction has been recorded on the sole testimony of Lukhi Baskey, who has projected herself as an eye -witness.