- (1.) Heard learned senior counsel for the appellant and the learned counsel for the State.
(2.) The sole appellant is aggrieved by the impugned Judgement of conviction dated 18.04.1996 and Order of sentence dated 20.04.1996, passed by the learned 2 nd Additional Sessions Judge, Hazaribag, in S.T. No. 54 of 1992, whereby, the appellant has been found guilty and convicted for the offences under Sections 302 and 201 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo imprisonment for life for the offence under Section 302 of the Indian Penal Code, and imprisonment for three years for the offence under Section 201 of the Indian Penal Code, and both the sentences were directed to run concurrently.
(3.) The prosecution case is based on the fardbeyan of the informant, Santoshi Mahto, the father of the deceased boy, Shambhu @ Chhotu, aged about 4 years, recorded on 27.9.1991 in C.C.L. colony. According to the fardbeyan, on the previous day, i.e., on 26.9.1991 at about 12:30 P.M, the son of the informant had gone to play with the children of the colony, but he did not return back. He was searched and when he could not be found, the missing report of the boy was given at the police outpost. On 27.9.1991 at about 8:00 A.M in the morning, one Kokan Bisai and Mahesh Kumar Yadav informed him that on the previous day, they had seen the son of the informant going along with the accused Ranjay Mahto towards the dump. One lady, Malti Bhuiyani also informed the informant that she had also seen the accused taking away the son of the informant towards the forest. The informant has further stated that the accused was entering into the house of a girl in the colony, with ulterior motive, which his wife had objected, and the accused had threatened his wife. Alleging that due to the said enmity, the accused might have taken his boy towards the forest and committed his murder, the fardbeyan was given by the informant, on the basis of which, Mandu (Charhi) P.S. Case No. 285 of 1991, corresponding to G.R. No. 1789 of 1991, was instituted for the offence under Section 364 of the Indian Penal Code, and investigation was taken up. During investigation, the police recovered the dead body of the deceased child, and accordingly, Section 302 of the Indian Penal Code was also added. After investigation, the police submitted the charge-sheet against the accused.;