MANOJ KUMAR SAO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE sole appellant Manoj Kumar Sao has filed this appeal against the judgment of conviction and order of sentence dated 16.12.2003 passed by Additional Sessions Judge, FTC -V, Giridih in S.T. No. 360 of 2002 whereby and whereunder the appellant has been convicted under Sections 302 and 201 of the I.P.C. and sentenced to undergo imprisonment for life for the offence under Section 302 of the I.P.C., however, no separate sentence has been passed for the offence under Section 201 of the IPC.

(2.) THE prosecution case in short, as per the written report of P.W. 7 (Dilip Kumar Sao) is, that in the night of 21.7.2002 at about 10 p.m. he came to know that his son Sanni (deceased) was absent from the hostel. On that day, at about 2 p.m., informant's brother, namely, Manoj Kumar Sao (appellant) had taken the deceased from the school on the pretext that he was required for some work. For two/three days thereafter the informant and his family members searched for the deceased, but he was not found. It is alleged that on 24.7.2002 at about 3 p.m. he heard that in Dilip Mistan Bhandar some foul smell was coming from the top floor. Dilip Mistan Bhandar was situated in the ground floor of the informant's house. On hearing, the same, the informant went to the said premises, there he found the dead body of his son in the staircase concealed under wooden logs. The informant alleged that the informant's brother, namely, Manoj Kumar Sao brought the deceased from the hostel on some allurement and killed him due to property dispute and concealed his dead body. He had taken the key of the house from one Mukesh and took Sanni (deceased) inside the house. There, he committed his murder and concealed the dead body, which was recovered on 24.7.2002.

(3.) THE police took up investigation. After completing investigation, police submitted charge -sheet against the appellant under Section 302/201 of the IPC.