KONDA ALIAS MUNNA NISHAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) JUDGMENT :- The appellants have preferred this appeal against the judgment and order dated 2-12-1994 passed in Sessions Trial No. 181 of 1991 by the Sessions Judge, Singhbhum West at Chaibasa, whereby the learned Sessions Judge has convicted all the three accused-appellants under S. 376, I.P.C. and sentenced them to undergo R.I. for seven years each. He has also convicted accused-Jagannath Nishad under S. 379, I.P.C. and sentenced him to undergo R.I. for one year. The sentences are to run concurrently.

(2.) In short the case of the prosecution is that the informant Jambi Bugiuli, daughter of Birke Buriuli along with her friend Pitnu Kumkal had gone to sell Haria wine on 13-9-1990 to Tatnagar Hat. After selling Haria wine both of them were returning back to their home. The informant had sold Haria worth Rs. 60/- and she had also Rs. 30/- in addition to it which she had taken from home for purchasing cloth, and so she was having Rs. 70/- with her. While returning they met Jagbandhu Hambria and Bamia Alde and all the four were proceeding to their house. At about 7 p.m. When the informant and others reached near the meeting point of Dara-Ganjia-Barakoita road another jeep was coming from behind and in the light of the jeep the informant saw three persons standing on the road, among whom she identified Jagbandhu Nishad (accused-appellant) and she had also seen the faces of other two accused persons in the light of the jeep. The fardbeyan of the informant Jambi Buriuli was recorded on 20-9-1990 at about 12'O clock in the day at the house of Ilakamanki in Canjiya village and there she had identified two other accused persons who had been detained there. Jagbandhu Nishad and the two other accused persons had ordered the informant and others to stop there on the road and at that time Jagbandhu Nishad and one of the other accused persons were armed with Bhujali. When the informant and her other companions stopped, Bamia, who was there (informant and others) fled away. In the meantime, one of the accused caught Jagbandhu Henbram, who was also returning with the informant and her friend but he also managed to escape. Thereafter, one of the two other accused persons, whose name she had learnt at the time of recording of her fardbeyan as Jagannath Nishad caught her and threatened her and forcibly put her down on the road and committed rape on her. Jagbandhu Nishad committed rape on her friend Pitru. Thereafter accused-Jagabandhu Nishad and Munna Nishad committed rape on her (informant) one after another. After committing rape on the two girls accused-Jagbandhu Nishad snatched Rs. 70/- from the informant. In the meantime, Radhey Purti and Baya Purti came there and thereafter three accused persons fled away. The two victim girls went to the house of Radhey Purti and Baya Purti and remained there in the night, as they happened to be their maternal uncles (Manes) in relation. On the next evening both the girls went to their houses, but they did not narrate about the occurrence at their houses due to shame and prestige. When Manki called them at his house the informant narrated about the occurrence to him. The fardbeyan of Jambi Budiuli was recorded on 20-9-1990 at 12 hours by D. K. Ghosh, A.S.I. of Police, Maujhari P.S., Dist. West Singhbhum at village Ganjiya in the house Sahan of Madhusudan Alde-Ilake-Manki. The fardbeyan is Ext. 3 in this case. On the basis of the fardbeyan formal F.I.R. was drawn in this case. After investigation police submitted charge-sheet against the accused persons. The learned chief Judicial Magistrate after taking cognizance of the case committed case to the Court of Session for trial.

(3.) The defence of the accused persons according to the trend of the cross-examination of the prosecution witnesses is that they have been falsely implicated in this case.