KARTIK SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The sole appellant is aggrieved by the impugned Judgment of conviction dated 26th of February, 2013 and the Order of sentence dated 27th of February, 2013, passed by the learned 1st Additional Sessions Judge, Seraikella-Kharsawan, in Sessions Trial No. 127 of 2004, whereby, the appellant has been convicted and sentenced for the offence under Sections 302 / 34 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo R.I. for life and fine of Rs. 5,000/- for the said offence.

(3.) The prosecution case was instituted on the basis of the fardbeyan of the informant Kuldip Singh, the father of the deceased Gurbinder Singh @ Banty Singh, recorded on 18.6.2004 at his house, situated in Adityapur, District Seraikella-Kharsawan. The informant has stated that on 16.6.2004 at about 4.30 P.M., his son was sitting near his house, when a boy, aged about 20-22 years, came on a motorcycle, about whom, the informant learnt that his name was Golu, and the motorcycle was of the appellant Kartik Sharma. The boy told his son that Kartik Sharma and his wife Sudha Devi were calling him. His son went away along with the boy, but de did not return back till 17.6.2004, whereupon, the informant went to the house of Kartik Sharma in search of his son, but he could not get his son there and Golu, Kartik Sharma and his wife were absconding. As such on 17.6.2004, he gave an information at the Police Station about the missing of his son. His son did not return back even on 18.6.2004, thereafter, fardbeyan was given to the police, suspecting that his son was abducted for murder. It is stated that his son was having illicit relationship with the wife of the accused Kartik Sharma, which was within the knowledge of Kartik Sharma, but when the financial condition of his son deteriorated, they wanted to get rid of his son, due to which, he was abducted for murder. On the basis of the fardbeyan of the informant, Adityapur P.S. Case No. 132 of 2004, corresponding to G.R. No. 448 of 2004, was instituted for the offences under Sections 364 / 120-B of the Indian Penal Code, against Kartik Sharma, his wife Sudha Devi and Golu, and investigation was taken up. During investigation, the police recovered the dead body of the deceased from the courtyard of the appellant. After investigation, the police submitted charge-sheet in this case against the aforesaid accused persons, and also against Amit Kumar, the son of the appellant. It may be stated that out of the charge-sheeted accused persons, only present appellant had faced the trial before the Court below. We are informed that the cases of Amit Kumar and of Golu @ Prakash Singh were split up, as they were found to be juvenile.