BABUDHAN MARANDI 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 impugned Judgment of conviction dated 11th March, 2010 and Order of sentence dated 12th March, 2010, passed by the learned 5 th Additional Sessions Judge (F.T.C.), Dumka, in S.C. No. 236 of 2008, 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 for the offence under Section 302 of the Indian Penal Code and R.I. for five years for the offence under Section 201 of the Indian Penal Code, and both the sentences were directed to run concurrently.

(3.) The prosecution case was instituted on the basis of the fardbeyan of the informant Haradhan Hansda, the father of the deceased Sanjyoti Kumari, whose dead body was found on 15.08.2008 in a well, in her village Patsara, P.S. Jarmundi, District Dumka, where the fardbeyan of the informant was recorded at about 15:00 hours. In the fardbeyan, the informant has stated that his daughter was living with the accused Babudhan Marandi as his wife, for the last about one and half years. She had also given birth to a female child, who subsequently died. It is alleged that on 12.08.2008 at about 11:00 P.M. in the night, the accused came to the house of the informant and took away his daughter. When she did not return in the night, he asked the accused in the morning, whereupon the accused informed him that he had left his daughter at the house in the night itself. The informant has stated that Babudhan wanted to marry his daughter, which was being objected by his parents, Shiva Marandi and Sonamuni Hembrom. On 15.08.2008, he was informed that there was a dead body in the well, whereupon he went there and saw that the dead body was of his daughter. When the dead body was taken out of the well, seven bricks were found tied with the dead body. The informant has alleged that the accused Babudhan, his father Shiva Marandi, and mother Sonamuni Hembrom had committed the murder of the deceased and had thrown the dead body in the well. On the basis of the fardbeyan of the informant, Jarmundi P.S. Case No. 191 of 2008, corresponding to G.R. No. 1257 of 2008, was instituted for the offences under Sections 302 and 201 / 34 of the Indian Penal Code, against the three named accused persons, and investigation was taken up. After investigation, the police submitted the charge-sheet in the case.