- (1.) THE appellants have challenged their judgment of conviction and order of sentence dated 23.3.2000 and 25.3.2000 respectively passed by 7th Additional Judicial Commissioner, Ranchi in ST. No. 40 of 1998/S.T. No. 408 of 1998 whereby and whereunder they have been convicted under Section 302/34 of the IPC and also under Section 201 of the IPC. They were sentenced to undergo imprisonment for life for the offence under Section 302/34 of the IPC and further sentenced to undergo R.I. for 7 years under Section 201 of the IPC.
(2.) AS both the appeals arose from the same judgment of court below, therefore they heard together and are being disposed of by this common judgment. The prosecution was launched on the basis of fardbeyan of Mangra Bhagat (P.W. 8) brother of the deceased dated 2.4.1997.
(3.) THE prosecution case, in brief is that the brother of informant, Budhu Bhagat was in love with Sumri Kumari, sister of Suresh Oraon (Appellant in Cr. A. 120 of 2000). In connection with the said love affair, deceased frequently visited the house of Sumari Kumari on being called by her. The aforesaid love affair was in the knowledge of appellant Suresh Oraon, who threatened that either deceased would discontinue meeting with his sister or he would be killed. On 23.3.1997 in the evening, appellants Suresh Oraon and Bandhana Oraon came and took deceased with them. When in the night deceased did not return, on the next day they searched htm. In course of that they made query from Suresh Oraon and Bandhana Oraon but they did not give any satisfactory answer. Thereafter the informant and other inmates of his family searched his brother (deceased) including the places of their relative, but they could not tress him out. In the morning on 2.4.1997 three pieces of paper were found in front of the door of the informant and on the basis of content of the said letter they alongwith other villagers searched his brother. Thereafter they found the dead body of deceased on the bank of Koyal River, which was buried under the sand. Accordingly, informant suspected that his brother Budhu Bhagat had been killed by the appellants. ;