CHAYA KANT NAYAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction recorded by the 2nd Additional Sessions Judge, Chaibasa, in S.T No. 82 of 1990 through which the sole appellant was found guilty under Section 302 of Indian Penal Code and was convicted and sentenced thereunder to undergo rigorous imprisonment for life and further the appellant was also found guilty under Section 201 of the Indian Penal Code, but no separate sentence was passed under this count.

(2.) The prosecution case, in short, is that on 12-7-1989, blood stain marks were found near the hand-pump situated within the PHED, office compound of Itihasa village within Toklo P.S. by some females of the village and the appellant was found removing those bloodstains and as such, the matter was reported to Chaukidar (P.W. 4), the informant, who in turn, collected some witnesses namely as to Chandra Nayak (P.W. 7), Prahlad Nayak (P.W. 3) and Mangru Thathera P.W. 6, went to the P.H.E.D. compound and found drops of blood and also dragging marks which led to the septic tank, which was opened and the dead-body of a female namely Chand Muni Sardarin was detected. The village Chaukidar immediately, on the same day, reported the matter to the police station about recovery of the dead body and the Police made a station diary entry and on the next day (13-7-1989) Sub-Inspector of Police came to the place of the occurrence at Itihasa and recorded fard-beyan of P.W. 1 Kankdhar Nayak.

(3.) The investigation was taken up immediately after recording of the fardbeyan by the Sub-Inspector of Police and the dead body was recovered from the septic tank, an inquest report was prepared and the dead body was sent to Chaibasa for post mortem. After completion of the investigation, the police submitted charge-sheet against this appellant.