DOCTOR MURMU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE accused Doctor murmu and Donai alias Dolui the appellants were charged along with Iswar tudu, Basai Murmu and Sukumar Sana under Section 302 of the Indian Penal Code read with Section 34 thereof for causing death of Sonamani Kisku; under Section 201 read with Section 34 of the Indian Penal code for causing evidence of the murder to disappear and under Section 376 (G) for committing gang rape on the victim Sonamani kisku prior to putting her to death. The accused Iswar, basai and Sukukar were acquitted. The accused Doctor Murmu and donai were convicted by an order dated 9th september, 2003 for offence punishable under Sections 376 (G) and 302 of the Indian Penal Code. By an order dated 10th september 2003 both the convicts were sentenced to suffer life imprisonment and to pay fine of Rs. 5,000/- and in default, to undergo further rigorous imprisonment of six months. It is against these orders that the present appeal has been preferred.

(2.) THE prosecution case, as appearing from the First Information Report, briefly stated is as follows :-

(3.) FROM the evidence of P. W. 2 Halba alias moongli, it appears, that on 1st April, 1990 at about 6 p. m. when she, accompanied by sonamani, was returning home from saaurakuri Rice Mill Donai intercepted them and asked Sonamani to accompany him. Sonamani refused to go. Donai insisted upon her going. Sonamani aked Halba to report the, matter to her mother and she presumably accompanied Donai. Consequent to the information given by Halba, Phoolmani, the mother of Sonamani, and Dolu, the maternal aunt of Sonamani accompanied by Halba went to Deodanga jungle where Sonamani had been intercepted by Donai. Sonamani was not found there. They then went to saaurakuri Daangal and found both sonamani and Sukumar and a few other persons present at that place. Sonamani and sukumar were thereafter asked by Doctor murmu to go to the Phoolberia Primary school where a salish was to be held. According to Habla all of them went to the phoolberia Primary School where after protracted discussion it was settled that sukumar would marry Sonamani. Sonamani with her maternal aunt Dolu returned to her house. Habla with her elder brother Golu also returned to their house.