SOYOTO @ SURSEN BHENGRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 27.8.1999, passed by Shri Tarkeshwar Prasad, learned Sessions Judge, Gumla, in Sessions Trial No. 89 of 1996, whereby and whereunder he convicted the appellant under Sec. 302/34 and also under Sec. 201 of the Indian Penal Code ( hereinafter referred to Indian Penal Code) and sentenced him to undergo rigorous imprisonment for life under Sec. 302/34 Indian Penal Code and 4 years under Sec. 201 Indian Penal Code.

(2.) The story of prosecution, in short, as per Fardbeyan of P.W- 1-Jaiwanti Devi, is that on 3.12.1995, the husband of the informant namely Sugarh Kandulna had gone to Kulburu market along with the appellant and one Tipra @ Turtant Topno. It is further alleged that Tipra and this appellant returned in the village in the evening but the husband of the informant did not return. It is further stated that when the informant asked the appellant and his companion, they did not give any satisfactory answer and because of that informant suspected that they have committed some foul. It is further alleged that thereafter the informant along with other villagers searched her husband and later on 5.12.1995, the dead body of her husband was found in the north of Kuluburu market. It is also stated that the place where dead body was found, some trail mark was found and from that it appears that the occurrence might have taken place at some other place and lateron the dead body was brought to the place from where it was recovered. On the basis of the aforesaid Fardbeyan, the present case was instituted against the appellant and Tipra.

(3.) It appears that after completing the investigation, police submitted charge-sheet against the appellant and co-accused-Tipra under Sec. 302/34 Indian Penal Code and also under Sec. 201 of the Indian Penal Code for concealing of evidence. It further appears that learned Chief Judicial Magistrate after taking cognizance has committed the case to the court of sessions as the offence under Sec. 302 Indian Penal Code is exclusively triable by the court of sessions.