DANDESWAR BARMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Dandeswar Barman has been convicted on two counts for committing offences under Section 302 and 376 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs.5,000/-, with default stipulations.

(2.) The victim of the incident was a small girl-Anjumani Barman-aged about 12 years 2 months.

(3.) According to the prosecution case, the appellant and the victim were neighbours. On 30/7/2005 the father Khargeswar Deka (PW-1) of the victim- went for daily work in the morning and her mother-Sumitra Deka (PW-10) also went for fishing leaving behind Anjumoni alone in the house. At about 12:30 P.M., Anjumoni was itching prickly heats on the body of appellant at gateway of his house. Seeing this her aunt-Durgeswai (PW-9)-called her home. Pradip Barman (PW-13) also saw Anjumoni itching the appellant. After sometime, when Sumitra came back home and found her daughter missing, she raised an alarm and searched for her. She even went to the appellant who was playing cards with Girish Barman (PW-11), Nila Barman (PW-12) and Achyut Deka (PW-19) and asked about Anjumoni, but he denied having any knowledge about her whereabouts. However, on vigorous search the dead body of Anjumani was found in the sugarcane field of the appellant which is adjacent to his house. Lachit Barman(PW-2), Hareswar Barman (PW-3), Jibeswar Barman (PW-4), Dwijen Barman (PW-6) and other co-villagers also saw her dead body lying there. She was found to be raped and murdered by strangulating her neck. The persons observed bite marks over her cheek, chest and strangulation marks over her neck and blood coming out from her private parts.