JALSU RAUTIYA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this appeal, the sole appellant is aggrieved by the judgment of conviction and order of sentence dated 29.09.2004 passed by the Sessions Judge, Simdega in Sessions Trial Case No.60 of 2004 corresponding to G.R. Case No.42 of 2004 whereby and whereunder, the appellant has been found guilty and convicted for the offences punishable under Sections 302 and 201 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo imprisonment for life for the offence punishable under Section 302 I.P.C. and rigorous imprisonment for five years for the offence punishable under section 201 I.P.C. Both the sentences were ordered to run concurrently.

(2.) The case of the prosecution in brief is that the informant Rohit Ranjan Prasad, who is the son of the deceased Shyam Prasad, had stated before the Police in his fardbeyan that the deceased engaged the son of the accused-appellant as a servant in his house eight days prior to the occurrence. On 13.02.2004, the accused-appellant came to the house of the deceased and started talking with the deceased. In course of such talking, the deceased along with the accused- appellant proceeded towards the well. The informant also proceeded towards his field in Langra Toli. The niece of the deceased namely Puppy Kumari (P.W-7) also went out for easing herself. The informant came back at about 11:00 a.m. and came to learn that dead body of his father is in the well. He looked into the well and found that the head of his father was visible inside the well. Some straw were also lying there which were put on fire. 2-4 stones of the well were also found removed. The informant came to learn from his niece-P.W.7 that when the P.W.- 7(niece) came back after easing herself, the accused was in a disturbed condition and told the P.W.-7 that a cow had fallen inside the well. The accused thereafter proceeded towards his house in haste. The accused also took away his son namely Surendra Rautiya (P.W.-6), who was engaged as a servant by the deceased eight days prior to the occurrence. The P.W-7 raised an alarm when she noticed that smoke was coming out from the well on which many persons assembled there and in the meantime the informant also reached there. The informant suspected that the accused has pushed his father (deceased) into the well and stoned him to death and also tried to conceal the evidence by throwing straw and burning the same in the well.

(3.) On the basis of the fardbeyan of the informant which has been marked as Ext.3, Simdega P.S. Case No.13 of 2004 was instituted for the offence punishable under Sections 302 / 201 of the Indian Penal Code against the accused person and investigation was taken up. Upon completion of investigation, police submitted charge sheet against the accused person. Upon commitment of the case to the Court of Session, charge was framed against the accused-appellant Jalsu Rautiya for the offence punishable under Section 302 of the Indian Penal Code for having committed the murder of the deceased and also for the offence punishable under Section 201 of the Indian Penal Code for causing disappearance of the evidence of murder by throwing straw in the well and concealing the dead body with the intention of screening himself from legal punishment. Upon the accused-appellant pleading not guilty and claiming to be tried, he was put on trial.