BABLOO BANKIRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) These three appeals arise out of a common Judgment of conviction dated 26th February 2007 and Order of sentence dated 28th February 2007, passed by the Additional Sessions Judge, Fast Track Court-I, Bokaro in Session Trial No. 178 of 2004, by which all these appellants have been convicted under Sections 302 / 34 and 201 of the Indian Penal Code and have been sentenced to undergo imprisonment for life with fine of Rs.500/- each for offence under Sections 302 / 34 of the Indian Penal Code and rigorous imprisonment for three years with a fine of Rs.500/- each for offence under Section 201 of the Indian Penal Code.

(2.) Aggrieved by the aforesaid Judgment of conviction and Order of sentence, these three appeals have been preferred by the three convicts, which have been heard together and are being disposed of by this common judgment.

(3.) The prosecution case is based on the fardbeyan of one Patang Ram Mahto, the brother of the deceased. He stated that his brother Devendra Ram Mahto did not return to his house on 16.01.2004, as a result of which, search started on the next day. During the search, one Etwa Munda, who was a neighbour, told that on 16.01.2004 at about 09.00 p.m. said Devendra Ram Mahto was seen in the house of one Munna Bari where he was having dinner. The informant, thereafter, went to the house of Munna Bari, when Munna Bari told him that after having dinner, his brother left. As the whereabouts of his brother was not being traced, search continued. Near the bridge of Cooling Pond No.2, on the ground, blood stains were found. On seeing blood stains, the informant suspected and he became tensed. On 17.01.2004, at about 03.00 p.m., the informant again went to meet Munna Bari, then Munna Bari told him that Babloo Bankira told him that Devendra Ram Mahto @ Dabbu had some altercation on the last night with Babloo Bankira. On hearing this, the informant got disturbed and started fanatically searching him. He stated that their younger brother Lakhindra Ram had given Devendra Ram Mahto Rs.2000/- to purchase grocery and money was with him. Thereafter, on 17.01.2004 in the evening the informant inquired from Babloo, but, Babloo did not disclose any information. The friends of Babloo Bankira, namely, Bhola Sharma was also asked, but, he also did not disclose anything. On 18.01.2004, when the search started again, near the bridge of Cooling Pond and beside the canal, one slipper was found, which belonged to Devendra Ram Mahto. On seeing this, the informant believed that his brother has been murdered. He again inquired from these appellants, but no satisfactory answer was given. The informant, thus, came to a conclusion that these appellants have committed murder of his brother because of the money, which he was carrying.