JALENDRA GANJHU @ JALENDHAR GANJHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned Amicus Curiae in Cr. (Jail) Appeal (DB) No. 1021/2008, learned counsel for the appellant in Cr. Appeal (DB) No. 567/2009 and learned Additional Public Prosecutor representing the State.

(2.) Both these appeals are directed against the common judgment of conviction dated 25.01.2008 and order of sentence dated 30.01.2008 passed by the learned Additional Sessions Judge, Fast Track Court-II, Latehar in Sessions Trial No. 20/2007, whereunder these two accused / appellants herein have been convicted for the charges under sections 302/34 of the Indian Penal Code and sentenced to undergo imprisonment for life.

(3.) Informant Bandhan Ganjhu is the father of the deceased upon whose fardbeyan recorded by the Sub Inspector Awadh Kumar Yadav, Officer-inCharge, Chandwa Police Station, Latehar at 16.30 hrs. on 14.10.2006, the formal FIR was registered being Chandwa P.S. Case No. 117/2006 for the offence under sections 302/34 of the Indian Penal Code. The informant interalia alleged that his son TetarGanjhuaged18 years was a daily wager who had been engaged in manual labour and working in the village Satgharwa in relation to construction of Parahaia Aawas (house) for the last two days. Yesterday i.e. Friday at around 10 in the morning, his son along with his cousin brother had gone to receive wages for two days and to bring certain articles / construction materials in connection with Parahaia Aawas (house). After meeting the contractor Keshav Sao, construction materials such as Asbestos sheet, cement, lime, indigo, doors, windows, etc. were loaded on the tractor.While returning, they reached the village Newadih at around 7.00 in the evening. Durga Ganjhu, son of Birju Ganjhu of village Newadi and Lalnu Ganjhu, son of late Lal Babu Ganjhu of village Lathdag who were also travelling on the tractor, had got down at Newadih. Thereafter, his son Tetar Ganjhu along with the tractor driver Dahru Ganjhu, son of Risha Ganjhu and Jalendra Ganjhu, son of Mundal Ganjhu proceeded on the tractor to Satgharwa with the articles loaded on it. At around 10.00 in the night, he heard the sound of the tractor but his son Tetar did not return. In the morning, he was worried about him when certain villagers who had gone to the forest to bring woods, informed him on return that his son's body was lying drenched with blood and he was found dead near the dam. On this information, he along with the villagers Birju Ganjhu, Dhiraju Ganjhu (PW-1), Parmeshwar Ganjhu (PW-3) and Kameshwar Ganjhu (PW-4) went towards the Newadih Dam and found the dead body of his son by the side of the road near the dam drenched in blood. It was alleged that the tractor driver Dahru Ganjhu (appellant in Cr. Appeal (DB) No. 567/2009) and Jalendra Ganjhu (appellant in Cr. (Jail) Appeal (DB) No. 1021/2008) have killed his son and thrown his body on the road. He put his thumb impression on the fardbeyan in the presence of the villager Kameshwar Ganjhu.