PRADIP KUMAR MOHANTY,D.N.UPADHYAY,JJ. - (1.) This appeal is directed against the judgment of conviction dated 29.03.2003 and order of sentence dated 31.03.2003 passed by learned Addl. Sessions Judge, Fast Track Court No. 7, Hazaribagh, in Session Trial No. 267 of 2002 whereby the appellant, having been found guilty of the charges under Sections 302/201 of the Indian Penal Code, has been sentenced to undergo rigorous imprisonment for life under Sections 302 of the Indian Penal Code and has further been sentenced to undergo rigorous imprisonment for three years under Section 201 of the Indian Penal Code. However, both the sentences have been directed to run concurrently.
(2.) The case of the prosecution is that the informant-Ram Janam Prasad (P.W.6) is a phone mechanic working in the Department of Telephone at Ramgarh. After returning from his duty to his house on 28.02.2002 at 6.30 p.m. in the evening, all his children met with him but one son namely, Arjun Kumar (deceased) did not come. He asked to his other children regarding his said son that where is he, upon which other children replied that he had gone to wash his feet. When he did not return, the informant along with others, started searching him out but his son could not be traced out. Thereafter, he went to one Ram Prasad in Mohalla for Sagun, who replied that now it is night and asked them to come in the morning between 10 O'clock to 2 O'clock. Thereafter they returned back to their house through the Station. In the morning at 6.30 A.M., his son Bhim Kumar Yadav (P.W.7)-brother of the deceased informed about the dead body of Arjun Kumar, lying in the half constructed house of Ashok Kumar Yadav. Thereafter, the informant along with his neighbour went to the spot and saw the dead body. The informant and others found blood stains in the courtyard of the house of Suresh Kewari (husband of the present appellant), which was washed by the cow-dung freshly and that was place of Worship. Blood stains were found in the half constructed house situated towards the west of the house of the appellant.
(3.) On the basis of the aforesaid fardbayan, Ramgarh P.S. Case No. 91 of 2002 (G.R. No. 523 of 2002) was registered for the offence under Sections 302/201/34 of the Indian Penal Code against the accused persons. The police thereafter took up the investigation and filed charge sheet against the present appellant under Sections 302/201/34 of the Indian Penal Code and kept the investigation pending for other accused-person and thereafter, cognizance of the offence was taken against the present appellant. The plea of the defence is completely denial of the allegation.;