SANJAY MANJHI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned Amicus Curiae Mrs. Leena Mukherjee in Criminal (Jail) Appeal (DB) No. 820 of 2010; Mr. Piyush Krishna Choudhary, learned counsel for the appellants in Criminal Appeal (DB) No. 468 of 2010 and Learned counsel for the State Mr. Shekhar Sinha, Additional Public Prosecutor.

(2.) Both the criminal appeals are arising out of common judgment of conviction dated 17.04.2010 and order of Sentence dated 20.04.2010 passed by learned Sessions Judge, Godda in Sessions Case No. 153 of 2009 whereby all four accused persons have been held guilty for the offence committed and punishable under Section 302/34 and 201/34 of the I.P.C and awarded rigorous imprisonment for life and a fine of Rs.5000/-/- and in case of default of payment of fine, simple imprisonment for 1 month for the offence committed under Section 302/34 of the I.P.C. Further they have been sentenced to undergo rigorous imprisonment for 3 years and a fine of Rs.2000/- and in case of default of payment of fine, simple imprisonment for 15 days for the offence committed under Section 201/34 of the I.P.C. Both the sentences are directed to run concurrently.

(3.) The prosecution case is based upon written report submitted by Sudhi Manjhi,P.W.4, mother of deceased Lukho Devi and mother-in-law of accused Sanjay Manjhi before the Officer-in-charge of Godda (Muffasil) Police Station on 24.04.2009 stating therein that on 21.04.2009 (Tuesday) at around 7.30 A.M. son in-law of the informant, Sanjay Manjhi S/o Late Shyam Sundar Manjhi, resident of village Motia came to village of the Informant at Bahuria and disclosed to the Informant mother-in-law and father-in-law that her daughter Lukho Devi has quarreled and since 3.00 A.M. in the morning Lukho Devi has left for Bahuria. Informant in search of her daughter went to village Motia, where mother of Sanjay Manjhi has disclosed that Sanjay Manjhi has gone out in search of his wife. Thereafter, informant returned to her house. At around 4 P.M. on the same day, the informant again went to village Motia and saw that her son-in-law Sanjay Manjhi was cooking food in the house. The informant asked him about her daughter, upon which Sanjay Manjhi has disclosed that he has not received any information till now. Informant has alleged that mother and father of Sanjay Manjhi have abused her. While returning from village Motia informant was accompanied by Sanjay Manjhi. In the way from Motia to Bahuria, Sanjay Manjhi has received 10-12 mobile calls and thereafter all of them went to village Bahuria. In course of conversation at village Bahuria, Sanjay Manjhi has disclosed that he has no information about his wife. It is further stated that on 23.04.2009 when the informant along with co-villagers went to village Motia, at that time search was made in well and other places. Again the informant returned to her village at 1.30 p.m. and thereafter on 24.04.2009 (Friday) at around 9A.M. Informant went to village Motia. A meeting was convened at 12.00 noon in presence of 10-15 persons of village Motia and 10-15 persons of village Bahuria. On query it has been disclosed by father of Sanjay Manjhi namely Shyam Sunder Manjhi (an appellant, whose case has been abated), that girl will not be traced. Upon which informant has believed that Sanjay Manjhi has killed her daughter Lukho Devi and has concealed the dead body. When query was made from Sanjay Manjhi, then he has confessed his guilt that he has killed his wife Lukho Devi in association with Shyam Sundar Manjhi S/o Late Rohin Manjhi, Jitendra Manjhi S/o Mahendra Manjhi and Pramod Paswan S/o Chandar Paswan, all residents of village Motia, P.S Godda(Muffasil), District Godda, by pressing her neck and concealed her dead body by digging in the sand at Lilji River at Dumaria. The informant along with Sanjay Manjhi and others went to Lilji River at Dumaria and found the dead body of Lukho Devi concealed in the sand and after identifying the dead body they have informed the Choukidar. The informant claimed that her daughter has been killed by Sanjay Manjhi, Shyam Sundar Manjhi, Jitendra Manjhi and Pramod Paswan by pressing her neck and they have concealed the dead body at Lilji River at Dumaria.