RAM KISHORE SAHU Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The appellant is aggrieved by the Judgment of conviction dated 25th July, 2007 and Order of sentence dated 26th July, 2007, passed by the learned Sessions Judge, Gumla, in S.T. No.07 of 2007, whereby, the sole appellant has been found guilty and convicted for the offences under Sections 302 and 201 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.20,000/- for the offence under Section 302 of the Indian Penal Code, and R.I. for seven years for the offence under Section 201 of the Indian Penal Code. Both the sentences were directed to run concurrently.

(3.) The prosecution case was instituted on the basis of the written report submitted at the Police Station, Gumla, by the informant Jira Devi, who is the mother of the deceased Handu Sahu, a male child aged about three and half years. The written report was given at the Police Station on 05.05.2006, stating therein that Handu Sahu, the son of the informant, was missing since about 4.00 p.m. of 30.04.2006. The informant started searching her son at about 6.00 p.m., but she could not find him till 12.00 a.m. in the night. Thereafter, she started looking into the wells of the village, but still she did not find her son. On the next day, i.e., on 01.05.2006, at about 9.00 a.m., she found the dead body of her son in the well of one Kito Oraon, for which she had already given an information to the police on 01.05.2006 itself, on the basis of which, Gumla P.S. U.D. Case No.10 of 2006 was instituted. It is stated that on 04.05.2006, she was informed by Dimpal Kumar, aged about seven years and Nikki Kumari, aged about five years, who were the children of her co-villagers, that on the fateful day they were playing with the deceased child and in the meantime, the accused Ram Kishore Sahu dragged the child to his room and assaulted him after putting him in a sack, due to which, the child started bleeding from his mouth. As these two children were looking the occurrence, the accused threatened to kill them also, if they informed the occurrence to anyone and asked them to flee away. When the informant was informed about the occurrence by the two children, she informed the villagers and when the villagers also asked the children, both of them informed them also about the occurrence. She claimed that the accused is the agnate of her husband, and as there was no partition of the family land, he had committed the murder of her child and put the dead body in the well. On the basis of the written report given by the informant, Gumla P.S. Case No. 111 of 2006, corresponding to G.R. No.398 of 2006, was instituted for the offences under Sections 302 and 201 of the Indian Penal Code, against the sole accused, and investigation was taken up. After investigation, the police submitted the charge-sheet in the case.