RAJESHWAR SAO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant and the learned counsel for the State.

(2.) The sole appellant is aggrieved by the impugned Judgment of conviction dated 06.02.2001 and Order of sentence dated 07.02.2001, passed by the learned 1st Additional Sessions Judge, Gumla, in S.T. No.235 of 1998, whereby, the 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 seven 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 Ramavtar Prasad, the landlord of the deceased Dr. T.K. Adhikari, recorded on 04.11.1997 at about 8:00 P.M., at his house, situated at village Chatakpur, P.S Bishunpur, District Gumla, wherein he has stated that Dr. T.K. Adhikari was living in his house as his tenant. On 03.11.1997, his wife had gone to her parents' place along with her father. On 04.11.1997 at about 5:00 P.M, when the informant returned back from Bishunpur market, he was informed that Dr. T.K. Adhikari had been murdered and his dead body was lying by the side of the river. He went towards the river and found the dead body in the pool of blood. He sent a chowkidar to the police station for informing the police, and also sent the information to the in-laws' place of the deceased. It is further stated in the fardbeyan that he was informed by the local persons that in the afternoon, three persons had come there searching the doctor, one of whom was having a defective eye, and it is alleged that one of them came to the house and took the doctor along with him on the pretext of seeing some patient, and thereafter, the dead body of the deceased was found. On the basis of the fardbeyan of the informant, Bishunpur P.S Case No. 24 of 1997, corresponding to G.R No. 718 of 1997, was instituted for the offences under Sections 302, 201 / 34 of the Indian Penal Code, against three unknown persons, and investigation was taken up. After investigation, the police submitted the charge-sheet against the appellant Rajeshwar Sao @ Rajeshwar Sahu and two co-accused, namely, Rahul Kumar @ Kastu and Lalit Prasad Gupta, who were acquitted by the Trial Court below, giving them the benefits of doubt.