GHANASHYAM MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Mahesh Kumar Sinha, learned counsel for the petitioner and Mr. G. S. Prasad, learned A.P.P. for the State.

(2.) This appeal is directed against the judgment dtd. 23/5/2002 passed by the learned 2nd Additional Sessions Judge, Bokaro in S. T. No. 239 of 2000 whereby and whereunder the appellant has been convicted for the offences under Ss. 302 and 201 of the Indian Penal Code and has been sentenced to rigorous imprisonment for life under Sec. 302 of the Indian Penal Code along with a fine of Rs.1,000.00. No separate sentence has been passed for the offence under Sec. 201 of the Indian Penal Code.

(3.) The prosecution story arising out of the Fardbeyan of Karnel Singh Khera is to the effect that on 31/3/2000 four men of Raj Security Services and Kishan Rajwar of G.G.P. School, Bokaro came and informed about an occurrence having taken place in the campus of G. G. P. School, Bokaro. It has been alleged that when Kishan Rajwar was interrogated, he disclosed that while he was on duty in the night between 29/30/3/2000 the appellant had come along with his elder brother and went towards the rest room made for the drivers. When even on 01:30 am the appellant did not return, Kishan Rajwar went to the rest room and saw the appellant pressing the mouth of his brother and assaulting him with something on his head. It has been alleged that after some time the brother of the appellant died. The appellant had threatened Kishan Rajwar of not disclosing the incident to anyone. It has been alleged as per the version of Kishan Rajwar that the appellant thereafter had taken away the dead body of his brother on his back.