GANESH RAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 27.02.2006 and order of sentence dated 28.02.2006 passed by 5th Additional Sessions Judge, Palamau at Daltonganj in Sessions Trial No.55 of 1993 convicting the appellants under Sections 364, 302 and 201 of the Indian Penal Code and sentencing them to rigorous imprisonment for life under Sections 364 and 302 of the Indian Penal Code as also rigorous imprisonment for three years under Section 201 of the Indian Penal Code with condition that all the sentences shall run concurrently.

(2.) The prosecution case, in short, is that on 16.09.1988 informant-Raj Kumar Paswan, who is a Chowkidar got information about a dead body floating in a well of Ramjanam Singh. He saw the dead body floating into the well which was also smelling. Thereafter, he informed the Police. The Police recovered the dead body from the well and found it decomposed and smelling. One towel (Gamcha) was found wrapped around the neck of the deceased and tongue protruded. It was suspected that after strangulation with the wrapped Gamcha, the dead body was thrown into well in order to conceal the evidence of murder. Accordingly, Police registered a case under Sections 302 and 201 of the Indian Penal Code. After investigation, the Police submitted charge sheet under Sections 364, 302 and 201 of the Indian Penal Code. Thereafter, cognizance was taken and case was committed to the court of Sessions.

(3.) The prosecution examined six witnesses but no witness on behalf of the defence was examined.