SHREE CHANDRASHEKHAR,J. - (1.) In Sessions Trial No. 125 of 2006, the appellants, namely, John Kerketta and Silbrius Kerketta have been convicted and sentenced to imprisonment for life and fine of Rs. 10,000/- each under section 302/34 IPC and section 201/34 of Indian Penal Code by way of consolidated punishment.
(2.) At this stage itself it needs to be indicated that under the Code there is no concept of "consolidated punishment". The learned Additional District and Sessions Judge, Fast Track Court, Simdega has committed an error - but not fatal - in not awarding separate sentence under section 302/34 IPC and section 201/34 IPC. This was necessary also for the reason that the maximum punishment prescribed under section 201/34 IPC is RI for seven years.
(3.) The case of the prosecution is that daughter of the informant, namely, Anima Lakra had love affair with Silbrius Kerketta for about one year but later on Silbrius Kerketta refused to marry her and for that reason for quite some time his daughter was not seeing Silbrius Kerketta, the appellant No.2. On 15.09.2006 Anima Lakra went to the house of the appellant No.2 with him and on 20.09.2006 her dead body was found hanging with a Mahua tree. The informant has alleged that the appellant No.2 with the help of his friend has committed murder of his daughter. On the basis of his fardbeyan which was recorded on 21.09.2006 at about 13:00 hrs., Kurdeg P.S. Case No. 50 of 2006 was registered against the appellant No.2 under section 302 and 201 read with section 34 IPC. As during course of investigation complicity of the appellant No.1 has surfaced a charge-sheet was filed against both the appellants. They have faced the trial under section 302/34 IPC for committing murder of Anima Lakra and section 201/34 IPC for causing disappearance of her dead body.;