GANESH GODSORA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the State.

(2.) Appellant is aggrieved by the judgment of conviction dated 12-7-2005 and order of sentence dated 15-7-2005, passed by the learned Additional Sessions Judge, FTC-II, Chaibasa, in Sessions Trial No. 44 of 2005, whereby, the sole appellant has been found guilty and convicted for the offences under Ss. 302 and 201 of the Indian Penal Code. Upon hearing on the point of sentence, appellant has been sentenced to undergo rigorous imprisonment for life for the offence under S. 302 of the Indian Penal Code and rigorous imprisonment for two years for the offence under S. 201 of the Indian Penal Code, and both the sentences were directed to run concurrently.

(3.) The prosecution case was instituted on the basis of fardbeyan of one Natho Pingua, the nephew of the deceased, recorded on 5-10-2004 at 15:30 hours at village Baihatu, in the district of West Singhbhum. Informant has stated that on 3-10-2004, his aunt Sukurmani Pingua went out of the house, but, she did not return back. She was searched, but she could not be found. On 4-10-2004, her dead body was found in bushes near the cremation ground with her head smashed. The village Munda was informed, who called a meeting in the village, in which, the accused-Ganesh Godsora confessed that he had committed the murder of the deceased, assaulting her by stone, due to land dispute. As by that time it had become dark, the police was informed the next day, whereupon, the police came and recorded the fardbeyan, on the basis of which, Gua P.S. Case No. 36 of 2004, corresponding to G.R. Case No. 432 of 2004 was instituted against the accused-Ganesh Godsora for the offences under Ss. 302 and 201 of the Indian Penal Code and investigation was taken up. Upon investigation, police submitted the charge-sheet in the case.