D.N. Upadhyay, J. - (1.) Heard the parties.
(2.) This criminal appeal has been directed against the judgment of conviction and order of sentence dated 19.5.2008 and 21.5.2008 respectively passed by the Sessions Judge, West Singhbhum at Chaibasa in Sessions Trial No. 163 of 2007 arising out of Manjhgaon P.S. Case No. 10/2007 corresponding to G.R. No. 145/2007 whereby the appellants have been held guilty for the offence punishable under Section 302/34 of the Indian Penal Code and Section 201 of the Indian Penal Code and sentenced to undergo RI for life and to pay fine of Rs. 15,000/- each under Section 302/34 of the Indian Penal Code, RI for three years and fine of Rs. 1,000/- each under Section 201 of the Indian Penal Code. The appellant Naresh Jerai has further been held guilty for the offence punishable under Section 494 of the Indian Penal Code and sentenced to undergo RI for five years and to pay fine of Rs. 5,000/-. The sentences so passed were directed to run concurrently.
(3.) The prosecution case as it appears from fardbeyan of Kanu Ram Jerai recorded on 15.3.2007 at 17:00 hrs. at village Kukurusud, Tola - Kusosai, P.S. - Majhgaon, District - West Singhbhum at Chaibasa is that on 15.3.2007 at about 9:30 a.m., the informant could learn that slippers belonging to wife of Naresh Jerai are lying near a public well situated at a distance of 200 yards West to the village. The water in the well also gone dirty. The informant then collected information about the wife of Naresh Jerai and it was informed that she is not at home and the house is put under lock. Thereafter, the matter was brought to the notice of other villagers and hook (Jhhaggar) was dropped into the well in which saree of the deceased stuck and after pulling the hook, dead-body of Pani Jerai surfaced on the water. The matter was informed to Munda - Ganga Ram Tiriya who also reached to the place and sent information to police through Rajendra Tiriya (PW 2). After receiving information the Police arrived at the place, took out the dead-body of Pani Jerai from the well and fardbeyan of Kanu Ram Jerai (PW 1) was recorded. Inquest report was also prepared at the place of occurrence. On the basis of fardbeyan of Kanu Ram Jerai, Manjhgaon P.S. Case No. 10/ 2007, dated 15.3.2007, under Sections 302. 201 and 120-B/34 of the Indian Penal Code was registered against the appellants and driver of Commander Jeep. It is also disclosed in the fardbeyan that on 14.3.2007, at about 10:00 p.m., Naresh Jerai along with his brother-in law Mangal Hembrom (appellants) had reached to village Kukurusud, Tola - Kusosai and after parking the vehicle, both of them along with the driver of the vehicle had stayed in their house. Naresh Jerai was not happy with his wife Pani Jerai and, therefore, he had been living with his father at Kiruburu and he has arranged his marriage with another lady to whom he has kept at his father's quarter. The investigation was carried out, house of deceased Pani Jerai was inspected and certain incriminating articles were seized, statement of witnesses were recorded and the articles seized were sent to Forensic Science Laboratory for its examination. Attendance of appellants were secured but the driver of said vehicle remain traceless. Therefore, charge-sheet against both the appellants was submitted after completion of investigation. Beside charges framed under Sections 302/34 and 201 of the Indian Penal Code against the appellants, separate charge against appellant Naresh Jerai under Section 494 of the Indian Penal Code was also framed. To substantiate the charges, the prosecution has examined altogether ten witnesses including the informant, the Investigating Officer and the Doctor and proved documents like Inquest Report, fardbeyan. Post mortem Report, seizure list etc. The learned trial Judge, placing reliance on the evidence and documents available on record held both the appellants guilty and inflicted sentence as indicated above.;