MOHAN GHATOWAL Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order, dated 28.02.2007, passed by the learned Additional Session Judge (FTC), Biswanath Chariali, in Sessions case No. 180/ 2005, under Sections 302 and 376(2)(f) of the Indian Penal Code (for short IPC). By the impugned judgment and order, the learned Sessions Judge sentenced the appellant to suffer imprisonment for life and pay fine of Rs. 500/-, in default, suffer rigorous imprison-ment for another period of one month, for his convection under Section 302 IPC and also to suffer rigorous imprisonment for 10 years and pay fine of Rs. 500/-, in default suffer rigorous imprisonment for another period of one month, for his conviction under Section 376(2)(f) IPC. Both the sentences were directed to run concurrently. Aggrieved by the said conviction and sentences, the convicted person, as appellant, has come up with this appeal.

(2.) We have heard Mrs. R. D. Mazum-dar, learned Amicus Curiae and Mr. D. Das, learned Additional Public Prosecutor, State of Assam.

(3.) The prosecution case, in brief, is that, on 05,03.2005, a marriage ceremony was held in connection with the marriage of the brother of the Dukhna Munda, in his house at Majuligarh Munda Line. The said marriage was attended, amongst others, by the informant, namely, Sri Sawna Munda (PW-1) along with his daughter (hereinafter referred to as the 'victim girl'). While the said deceased was playing, in the marriage hall, along with her friends, the appellant took her away, at about 6 pm, with the promise that he would provide her chocolate. Subsequently, on the next day, at about 10.00 am, the dead body of the deceased, with injuries on her private part was found, lying in water, under the Daduram bridge, at Mazuligarh.