- (1.) Heard learned counsel for the appellant and learned counsel for the State.
(2.) Appellant is aggrieved by the Judgment of conviction dated 28th August 2007 and Order of sentence dated 30th August 2007, passed by the learned 1 st Additional Sessions Judge, Deoghar, in S.T. No.141 of 2006, whereby, the sole appellant has been found guilty and convicted for the offences under Sections 302, 201 / 34 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo R.I. for life for the offence under Sections 302 / 34 of the Indian Penal Code, and S.I. for five years and fine of Rs.5000/- for the offence under Sections 201 / 34 of the Indian Penal Code. Both the sentences were directed to run concurrently.
(3.) The prosecution case was instituted on the basis of the fardbeyan of Manoj Kumar Sah, the brother of the deceased Santosh Kumar Sah, recorded on 27.8.2005 at about 6:30 AM near a rivulet in village Faridah, P.S. Sarwan, District Deoghar. In the fardbeyan, it is stated that on the previous day, i.e., on 26.8.2005 at about 9:00 AM, the deceased Santosh Kumar had gone by bus to Deoghar for making some purchases. When he did not return back even till evening, he asked his father, whereupon, his father told him that he might return back by night. Even in the night, his younger brother did not return back, and in the morning at about 5:30 AM, he was informed on telephone that one dead body was found, from which a receipt was recovered, in which, name of Kedar Sah (father of the informant) is mentioned. He was asked to come to the Police Station to identify the dead body. Thereafter, he went there along with villagers and his younger brother Uttam Kumar Sah and from the Police Station, they went to the rivulet, where he found the dead body of his younger brother Santosh Kumar Sah. In the fardbeyan, no one was named as accused, even on suspicion. On the basis of the fardbeyan, Sarwana P.S. Case No.109 of 2005, corresponding to G.R. No.700 of 2005, was instituted for the offences under Sections 302, 201 / 34 of the Indian Penal Code, against unknown, and investigation was taken up. After investigation, the police submitted the charge-sheet against the present accused Chandan Laha and one another accused Munni Lal Sah, who appears to be absconding.;