CHANDRASHEKHAR, J. - (1.) THE appellants have filed the criminal appeal against the judgment and order of conviction and sentence dated 18/20 th August, 1990 in Sessions Case No. 10 of 1989/116 of 1989. The appellant no. 1 is original accused no. 1 and the appellant no. 2 is original accused no. 2 before the trial court.
(2.) THE case of the prosecution is that on 27.04.1988 at 8.30 hours the informant (Lukhi Hansda) gave her Fardbeyan to police in presence of witnesses that her daughter Ludaki Baski was married to Mangal Hembrom eight years ago and from their wedlock they had one son and one daughter. Again her daughter became pregnant and her son in law namely, Mangal Hembrom suspected that her daughter was entangle with another man and due to which there was an altercation between them. Her son in - law and his elder brother namely, Ishwar Hembrom used to threaten her daughter and her daughter made complaint to her several times. The complainant has further stated that she received a rumor that a body of a Santhal female of Jiyapani village had been thrown in Kusumnala Bahiyar and suspecting foul play she went to Sasural of her daughter where she did not find her daughter. She asked her son in law Mangal Hembrom about her daughter who informed that one day before his wife had gone away without saying anything to him. Thereafter, the complainant started searching her daughter and at Kusumnala she saw a dead body thrown in the Nala. She identified the dead body of her daughter Ludaki Baski. The complainant further stated that her son in law Mangal Hembrom and his elder brother Ishwar Hembrom have killed her daughter and thrown her dead body in the Nala and covered the dead body with stone to conceal the dead body. On the basis of the statement of the complainant Maheshpur Police Station Case under Section 302 and 201/34 of the Indian Penal Code was instituted. After investigation the police submitted charge sheet under Sections 302 and 201/34 of the Indian Penal Code and cognizance of the offence was taken and charges under Sections 302/34 and 201/34 of the Indian Penal Code were framed against both the accused persons. The prosecution examined eight witnesses altogether. The post mortem report has been exhibited as Exhibit 1, the Fardbeyan has been exhibited as Exhibit 2, carbon copy of the Inquest Report has been exhibited as Exhibit 3, the formal F.I.R. has been exhibited as Exhibit 4 and seizure list has been exhibited as Exhibit 5. The learned trial court convicted the accused Mangal Hembrom for the offence under Section 302 of the Indian Penal Code and both the accused persons have been found guilty for offence under Section 201/34 of the Indian Penal Code. The appellant no. 2 namely, Ishwar Hembrom has been acquitted of the charge for murder under Section 302/34 of the Indian Penal Code. The appellant no. 1 namely, Mangal Hembrom has been punished to undergo R.I. for life for the offence under Section 302 of the Indian Penal Code and he has further been sentenced to undergo for R.I. for 7 years and with fine of Rs.1,000/ and in default to undergo R.I. for six months, for the offence under Section 201 of the Indian Penal Code. The appellant no. 2 namely, Ishwar Hembrom has been sentenced to undergo R.I. for four year with fine of Rs. 1,000/ - and in case of default of payment of fine to undergo R.I. for six months, for the offence under Section 201 of the Indian Penal Code.
(3.) THE appellants have preferred the present criminal appeal challenging the order of conviction and sentence passed by the Sessions Court.;