- (1.) THIS criminal appeal has been preferred by the appellant named above against the judgment and order dated 27.11.93 passed by Shree G.K. Verma, 2nd Additional Sessions Judge, Gumla in S.T. No. 524 of 1987 whereby and whereunder appellant along with co -accused Wasil Xalxo was found guilty for the offence punishabl.3 under Sections 302/ 34 and 201/34 Indian Penal Code, and he was convicted to undergo R.I. for life for the offence under Section 302/34 Indian Penal Code and R.I. for three years for the offence under Section 201/34 Indian Penal Code. However, the sentences were ordered to run concurrently.
(2.) THE prosecution case has arisen on the basis of the fardbeyan (Ext. 2) of P.w. 4 Jowakim Ekka, the father of Margret Ekka, the deceased of this case recorded by P.w. 11, S.1. Kanhaiya Prasad of Simdega P.S. on 28.3.85 at 18.00 hours in the premises of the Police Station and Ext. 1/1 is the signature of EW. 4, the informant thereon regarding the occurrence which is stated to have taken place in the night of 27.3.85 between 19.00 and 19.30 hours at village Akasi Ujada Toli, P.S. Dumri district Gumla. According to the prosecution case, Margret Ekka aged about 18 or 19 years had gone for nature's call between 19.00 hours and 19.30 hours from her house near a pond in the village but she did not return in the night. It is alleged that the informant and other made search for her till 11 O'clock in the night but in vain. The prosecution case further is that the informant went to the pond aforesaid and found a hand above the surface of the water in the pond and the informant under suspicion and in presence of the villagers as well as the Mukhiya went inside the water and took out the dead body from the pond and the said body was of his daughter Margret Ekka. It is also alleged that her daughter -in -law had informed him that Margret had some affairs with the appellant and co -accused Wasil Xalxo and they were on visiting terms. The appellant has pleaded not guilty to the charges levelled against him and he claims himself to be innocent and to have committed no offence and that he has been falsely implicated in this case out of mere suspicion.
(3.) THE prosecution has in all examined 11 witnesses to substantiate the charge levelled against the appellant. P.w. 4 is the informant in this case and P.Ws. 2 and 5 are his sons and P.Ws. 6 and 10 are his daughter -in -laws. P.w. 1 is the local sarpanch of the village. P.Ws. 3 and 7 are the witnesses of the inquest of the dead body of the deceased and their signatures are Ext. 1 and Ext. 1/2. P.w. 7 and 8 are hearsay witnesses and P.W. 9 has been tendered. P.w. 11 is the Investigating Officer of this case and Ext. 3 the formal F.I.R. and Ext. 4 the inquest report have been proved by him. It is pertinent to mention here that the medical witness has not taken oath in this case. However, the writing of the postmortem report (Ext. 5) regarding the dead body of the deceased has been proved by C.W. 1 and C.W. 2. Dr. J.P. Sanga has deposed regarding the contents of the postmortem report (Ext. 5).;