ARVINDPURI GOSWAMI Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) Heard Mrs. Alpana Verma, learned amicus curiae and Mr. Deepak Kumar, learned counsel for the appellant and Mr. Hardeo Prasad Singh, learned APP for the State.

(2.) The appellant has been convicted for the offences under Sections 302 and 201 of the Indian Penal Code by Judgment dated 10.06.1992, passed by the learned 3rd Additional Sessions Judge, Dhanbad, in Sessions Trial No. 85 of 1985, and upon hearing on the point of sentence, by an order passed on the same date, he has been sentenced to undergo life imprisonment for the offence under Sec. 302 of the Indian Penal Code and fine of Rs.500.00 and he has also been sentenced to undergo RI for three years and fine of Rs.200 for the offence under Sec. 201 of the Indian Penal Code, against which this appeal is filed.

(3.) The FIR was lodged on the basis of a written information given by the Officer Incharge of Bokaro Steel City Police Station, addressed to SDJM, Chas, wherein it was informed that on 19.10.1984, he was informed that in quarter No. 605 of Sector 1/C, Bokaro, some person had committed suicide, whereupon he went there along with other police officials and found the front door of the quarter locked from inside. The Police Officer went to the rear side of the quarter where also there was a door and upon pushing the door, it opened. The police party entered the drawing room of the quarter, where the dead body of the deceased was found lying in the pool of blood with several injuries caused by sharp cutting weapon. The occupant of the quarter also came there and he informed that the deceased was his younger brother who had come to Bokaro on 15.10.1984 along with his nephew Arvindpuri Goswami, the appellant. On the date of occurrence, the brother of the deceased went on duty in the Bokaro Steel Plant where his nephew made a telephonic call informing that his uncle was not opening the door in spite of all efforts. Thereafter, he came and found the door locked. He saw from window of the drawing room that his brother was lying in pool of blood. The Officer Incharge who had given written information to the Sub-Divisional Judicial Magistrate, Chas, also stated in the written information that he inspected the place of occurrence and all the house hold articles were in place. Suspecting that the murder had been committed by some family member, the FIR was lodged by the Officer Incharge of Bokaro Steel City Police Station, on the basis of which Bokaro Steel City P.S. Case No. 301 of 1984 corresponding to G.R. No. 1047 of 1984 was instituted and investigation was taken up. After investigation, the police submitted charge-sheet against the accused.