MD NIZAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these two appeals are being heard together and disposed off by this common judgment in view of the fact that both the appeals arise out of the common judgment and order, dated 26.02.2004, passed in Session's Trial No. 500 of 1996/Trial No. 159 of 2002 by the Additional Sessions Judge, Fast Track Court, V, Bhagalpur. The appellants of both the appeals have been convicted under Sections 376, 302, 201 and 34 of the Penal Code and have been sentenced to undergo rigorous imprisonment for life.

(2.) The prosecution case, as alleged in the fardbeyan of the informant Fulwato Devi (not examined) that on 02.07.1994 at about 06.30 p.m. her daughter, Nanki Kumari, went to purchase curd from Shahkund Bazar. The daughter did not return by 07.30 p.m. then the informant along with her nephew, Sanichar Mandal (P.W. 1) went to make out a search of her daughter and reached the Shahkund Bazar. In Shahkund Bazar one shop keeper, Umesh Prasad Sah (P.W. 3) met and it was learnt that the girl has returned after purchasing curd worth fifty paise. Thereafter, the informant returned back making out a search of her daughter. The further case of the prosecution that due to raining they remained there for half an hour and after the rain was over they again went out for search of victim along with Sahdeo Mandal (P.W. 6), Narsingh Mandal (P.W. 7) and Prakash Mandal (not examined) after search they could not find out the victim and then the informant returned back. In the morning at about 05.00 a.m. one Mahesh Mandal (P.W. 2 while returning after meeting the call of nature disclosed that at Kanchandar Bahiyar a dead body has been found. On getting the information the informant and several people of the village reached there and then saw the dead body of the daughter of the informant and they found a black mark on the neck and blood found at the private part and blood stains found on the pant of the victim. The informant claimed that her daughter, Nanki Kumari, has been done to death after rape by some one while she was returning after purchase of curd. The further case that she doubted that some persons used to have ganja near Shitla Asthan may have done the offence. On the fardbeyan of the informant the first information report was lodged on 13.07.1994 for offence under Sections 376, 302, 201 and 34 of the Penal Code. After investigation the charge sheet was submitted and after taking cognizance the case committed to the Court of sessions and, thereafter, the charge was framed under Sections 376/34, 302/34 and 201/34 of the Penal Code against the appellants.

(3.) After framing of the charge the trial proceeded and the prosecution adduced nine witnesses to support the prosecution case. P.W. 1 is Sanichar Mandal, P.W. 2 is Mahesh Mandal, P.W. 3 is Umesh Prasad Sah, P.W. 4 is Bechan Mandal, P.W. 5 is Brahmdeo Mandal, P.W. 6 is Sahdeo Mandal, P.W. 7 is Narsingh Mandal, P.W. 8 is Shambhu Prasad Singh and P.W. 9 is Dr. Narendra Narayan Bhagat, who has done autopsy on the person of the deceased, Nanki Kumari. The documentary evidences adduced are Exhibit 1, signature of the witnesses on the inquest report, Exhibit 2 is the signature of the witnesses on the seizure list, Exhibit 1/1 is the signature of the witnesses on the inquest report, Exhibit 2/1 is the signature of the witnesses on the seizure list, Exhibit 2/2 is the signature of the witness, Shambhu Prasad Singh, on the seizure list, Exhibit 3 is the post mortem report, Exhibit 'X' photo copy of the pathological report.