SULEMAN XALXO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE appellant having been convicted for the offence under Section 302 as also under Section 201 of the Indian Penal Code was sentenced to undergo rigorous imprisonment for life under Section 302 of the Indian Penal Code and was also sentenced to undergo rigorous imprisonment for three years under Section ~01 of the Indian Penal Code for committing murder of David Kuzur and for causing disappearance of the evidence in order to screen himself from the legal punishment.

(2.) THE case of the prosecution is that the informant Kiran Beck (P.W. 9) was to marry David Kuzur (the deceased) but the appellant Suleman Xalxo being in love with Kiran Beck never liked it and therefore, he had held out threats to the informant in the term that if she would live with David Kuzur, he would either kill her or David Kuzur. The other day, i.e., 20.1.1997 the informant on being asked by David Kuzur to come to a school at Mahuatand, came over there and waited for him till evening but David Kuzur did not turn up and, therefore, she came back home. The next day, i.e., 21.1.1997 when she in anxiety again left for the school, she in the way found a slipper of David Kuzur lying over there and also noticed earth being smeared with blood and hence, she felt some foul play and immediately came to the house of David Kuzur, where she did not find David Kuzur and, therefore, she immediately rushed for the place alongwith Martin Kuzur (P.W. 3) the father and Prakash Kuzur (P.W. 1) brother -in -law of David Kujur where she had found slipper lying. On coming over there, they noticed the trail of the blood leading to the bank of river, where the dead body of David Kuzur was found buried under the sand. The informant suspected the hand of the appellant in the alleged offence as he never liked the informant to marry the deceased. Thereafter, she alongwith father and brother -in -law of the deceased came to Mahuatand Police Station and gave her Fardbeyan (Ext. 7) on 21.1.1997 at 7.30 A.M, upon which first information report was drawn and the Investigating Officer Birendra Kumar (P.W. 12) took up for investigation and came over the place of occurrence where the dead body was lying and then held inquest on the dead body on the same day and prepared inquest report (Ext. 9). Thereafter, the Investigating Officer sent the dead body for post mortem examination and came to the house of the accused and on search being made, he found one sharp cutting weapon (Born a) and also a knife smeared with blood which were found buried under the earth in the backyard of the house of the accused. The said weapons were seized under the seizure list (Ext. 8). Further the Investigating Officer also seized Jeans full pant and a shirt which were smeared with blood and also a shoe under the seizure -list (Ext. 8/1) which had been kept under the heap of straw. In the meantime, Dr.R.P. Singh (P.W. 10) on receiving dead body, held autopsy on it and found the following ante mortem injuries on the dead body of the deceased.

(3.) IN course of trial, the prosecution examined as many as 12 witnesses, of them Anil Kujur (P.W. 2) is the witness to the inquest whereas Martin Kujur (P.W. 3) is the witness to the seizure of earth smeared with blood at the place of occurrence. P.W.4, Kalra Kujur and P.W.8, Jalsu Kindo are the witnesses to the recovery of the dead body. P.W.5, Antius Ekka, brother -in -law of the deceased has testified that while he alongwith other was going in a Bus on 19/20.1.1997, he saw both the deceased and the accused moving in a drunken state.