JUDGMENT :

Rongon Mukhopadhyay, J.

Heard Ms. Shruti Shrestha, learned counsel for the appellant and Mr. Bhola Nath Ojha, learned A.P.P.

2. This criminal appeal is directed against the judgment and order of conviction and sentence dated 24.08.2017 (sentence dated 28.08.2017) passed by Sri Manoj Kumar Singh, learned Additional Sessions Judge-I, West Singhbhum at Chaibasa in S. T. Case No. 205 of 2009, whereby and whereunder, the appellant has been convicted for the offence punishable u/s 302 of the Indian Penal Code while acquitting him for the charges levelled u/s 497 of the Indian Penal Code and sentenced to undergo rigorous imprisonment (R.I.) for life along with a fine of Rs. 10,000/-.

3. The prosecution case as would appear from the First Information Report is that the son of the informant Nand Kishore Gope was married to Barsi Gope and they were having three children. The daughter-in-law of the informant was having an illicit relationship with Uday Sundi (Appellant) for the last one and half years and her daughter-in-law was carrying a pregnancy of six months. It has been alleged that Uday Sundi sells Ayurvedic medicine at Goelkera market and is also married having children. On account of such illicit relationship, the son and daughter-in-law of the informant used to regularly quarrel. On 04.05.2009 Uday Sundi on the pretext of going to a fair and consuming wine had taken away her son and after two-three days when Uday Sundi returned to Goelkera, the informant had asked him about the whereabouts of her son to which Uday Sundi had replied that her son had returned back to Goelkera prior to his return. Since her son could not be traced out an information was given to Goelkera Police Station. It has further been alleged that on 17.05.2009 an information was received that a decomposed dead body was lying at Gantuburu forest. When the informant and other went to Daroga Sai, Rasika Bhengra who is the son-in-law of Uday Sundi had disclosed that on 05.05.2009 his father-in-law and Nand Kishore Gope had come to his house and in the afternoon they had gone to Gantuburu forest. When they reached the jungle, the father-in-law who was having an axe started assaulting Nand Kishore Gope on his head. His father-in-law had told Rasika Bhengra not to disclose the incident to anyone. When the informant went to the jungle she found the decomposed dead body of her son.

Based on the aforesaid allegations, Goelkera P.S. Case No. 13/2009 was instituted for the offences punishable u/s 302/201/366 of the I.P.C. against the sole appellant. On conclusion of investigation charge-sheet was submitted u/s 302/201/366/497 and 120B of the I.P.C. against the appellant Uday Sundi and co-accused Barsi Gope. Cognizance was duly taken and after supply of police papers, the case was committed to the Court of Sessions on 13.08.2009 which was registered as S.T. Case No. 205 of 2009. Charge was framed against Barsi Gope and Uday Sundi for the offences punishable u/s 302/34 of the I.P.C. and separate charge was framed against Uday Sundi for the offence punishable u/s 497 of the I.P.C. and the contents of the charge were read over and explained to the accused persons in Hindi to which they pleaded not guilty and claimed to be tried.

4. The prosecution has examined as many as nine (09) witnesses in support of its case. P.W. 1 Mithila Gope is the informant who has stated that her daughter-in-law Barsi Gope had illicit relationship with Uday Sundi which resulted in her getting pregnant. Because of such relationship there was a regular quarrel between her son and daughter-in-law. She has deposed that the Monday prior to the occurrence her son, daughter-in-law and Uday Sundi had gone to see a fair at Daroga Sai. Her son did not return back and when she confronted Uday Sundi, he disclosed that her son had left the fair much earlier. When her son did not return after 10-12 days, the matter was intimated to the Police Station. She has deposed that in course of search Rasika Bhengr