IN THE HIGH COURT OF JHARKHAND AT RANCHI --------

Cr. Appeal (DB) No. 271 of 2000(R)

------

(Against the judgment of conviction and order of sentence dated 21st February, 2000, passed by learned 5th Additional Judicial Commissioner, Ranchi in Sessions Trial No.215 of

1992)

------

Sukra Munda son of Arjun Munda, resident of Tetratoli, P.S. Bariatu, District Ranchi …. Appellant Versus The State of Bihar ….. Opp. Party with Cr. Appeal (DB) No. 152 of 2000(R)

--------

Koka Munda Son of Lodhwa Munda resident of village-

Tetar Toli, P.S. Bariyatu, District-Ranchi …. Appellant Versus The State of Bihar ….. Respondent P R E S E N T HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE ARUN KUMAR RAI …..

For the Appellants : Mr. Sankalp Goswami, Amicus Curaie [In both cases]

For the State : Mrs. Shweta Singh, A.P.P.

[In Cr. A. 271/2000]

Mr. Vineet Kumar Vashistha, Spl. PP [In Cr. A. 152/2000]

…..

C.A.V. on 06/12/2025 Pronounced on 17/12/2025 Per Sujit Narayan Prasad, J.:

1. Since both the appeal arises out of the common judgment of conviction and order of sentence dated 21st February, 2000, as such they have been tagged together and taken up together for analogous hearing and are being disposed of by this common order.

Prayer:

2. Both the appeals have been filed under Section 374 (2)

of the Code of Criminal Procedure,1973 against judgment of conviction and order of sentence dated 21^st February, 2000, passed by learned 5^th Additional Judicial Commissioner, Ranchi in Sessions Trial No.215 of 1992, by which the appellants have been convicted under section 302/34 and 201/34 I.P.C and sentenced to undergo rigorous imprisonment for life for the offence under Section 302/34 IPC and rigorous imprisonment for three years for the offence under Section 201/34 IPC. Both the sentences were ordered to run concurrently.

Prosecution Case:

3. The prosecution case, in brief, is that on 25.01.1990 at Morhabadi, P.S Bariatu, district Ranchi in Sharma Bagan, the informant Ram Mohan Nayak, who worked as a Gardener in Sharma Bagan, learnt that a dead body was lying in naked condition in a dilapidated room situated inside of Sharma Bagan. The informant went there and saw that one unknown dead body was lying there in naked condition and there were injuries on the person caused by sharp and pointed weapons and there was profuse bleeding from the head of the dead body. The informant presumed that one unknown person had been brought there and had been murdered by sharp cutting weapons and the dead body had been kept in the room of Sharma Bagan for screening the dead body. The dead body could not be identified. It appeared to the informant that the occurrence had taken place in the last night.

4. On the basis of fardbeyan of the informant, Ram Mohan Nayak, F.I.R being Bariatu P.S. case no. 12/1990 was registered against unknown. After investigation, charge sheet was submitted against the accused persons, namely, Koka Munda and Sukra Munda showing the accused Rajesh Oraon as absconder. The Chief Judicial Magistrate, Ranchi declared the accused Rajesh Oraon absconder and ordered to issue permanent warrant of arrest against him.

5. The Chief Judicial Magistrate, Ranchi took cognizance of the offence u/s 364 and 302/34 I.P.C against the accused persons namely, Koka Munda and Sukra Munda and transferred the case to the court of Judicial Magistrate, Ranchi for commitment. The judicial Magistrate committed the case to the court of sessions.

6. Charges under Sections 302/34 and 201/34 of the I.P.C were framed against the appellants and were explained to them to which they pleaded not guilty and claimed to be tried. The accused persons, the appellants herein, were examined u/s 313 Cr.P.C.

There also, they pleaded not guilty.

7. The prosecution in order to prove the case has examined altogether seven witnesses. Sunil Munda (P.W 4), Somra Munda (P.W 5) and Chunni Munda (P.W 6) have stated that they do not know anything about the occurrence. Therefore, the prosecution got them declared hostil