SHEOCHAND PRAJAPATI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appellant- Sheochand Prajapati in Criminal Appeal (D.B.) No. 217 of 2001 and appellant- Bishwanath Prajapati in Criminal Appeal (D.B.) No. 140 of 2002 have challenged the judgment of conviction under sections 302/201 and 120B IPC dated 20.4.2001 and the order of sentence of R.I. for life under section 302 IPC with fine of Rs. 5,000/- imposed upon each appellants and R.I. for three years under section 201 IPC dated 21.4.2001 passed by Vth Additional Sessions Judge, Palamau at Daltonganj in S.T. No. 226 of 1998.

(2.) The prosecution's case is narrated by the informant, father of Baijnath Prajapati-the deceased, in his fardbeyan recorded on 28.1.1998 at about 13:45 p.m. In his fardbeyan, the informant has raised suspicion against both the accused persons; the accused Bishwanath Prajapati is step brother-in-law of the informant and the accused Sheo Chand Prajapati is the brother-in-law of the accused Bishwanath Prajapati. The informant has stated that he was informed by Ram Chandra Prajapati that he has seen his son Baijnath Prajapati going with the accused persons. He has further stated that on inquiry both the accused persons denied that Baijnath Prajapati had come to their home. After the dead body of Baijnath Prajapati was recovered on 28.1.1998 at about 9 a.m. in the morning from the well of Bihari Prajapati, the informant gave his statement before the Assistant Sub-Inspector, P.S. Dhurki. After the investigation, charge-sheet was submitted against both the appellants and they faced trial on the charge of conspiracy and murder of Baijnath Prajapati.

(3.) During the trial, the prosecution has examined as many as 16 witnesses. However, PW-5, PW-10, PW-12 and PW-15 have turned hostile. P.W.-2, PW-9, PW-11, PW-13 and PW-14 are hearsay witnesses and PW-4 and PW-6 are formal witnesses.