THUTHA KHARIA Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

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

(2.) The appellant is aggrieved by the Judgment of conviction and Order of sentence dated 15.5.1992 passed by the learned Sessions Judge, Gumla, in S.T. No. 181 of 1991, whereby the appellant has been found guilty and convicted for the offence under Sections 302 and 201 of the I.P.C. Upon hearing on the point of sentence, the appellant has been sentenced to undergo RI for life for the offence under Sec. 302 of the I.P.C., and he has also been sentence to undergo RI for two years for the offence under Sec. 201 of the I.P.C., and both the sentences were directed to run concurrently.

(3.) The FIR was lodged by P.W.-1 Sugli Khariain, who is the daughter of deceased lady, according to which on 21.6.1991, i.e., on Friday, the deceased Suni Khariain had gone out of her house for taking haria (a local intoxicating drink). The deceased did not return and informant did not search her thinking that she might have gone to the house of some relative. She did not return on Saturday also, and on Sunday the informant was informed by one Jagannath Singh and Mangra Kharia that her mother was killed by the accused appellant and her dead body was buried in the bari packed in a bag. On the basis of the information given by the informant, the FIR was lodged, being Palkot P.S Case No. 36 of 1991, corresponding to G.R. No. 464 of 1991, and the investigation was taken up. In course of investigation, the dead body of the deceased was recovered and upon completion of the investigation, charge-sheet was submitted against the accused appellant.