AMIT KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal has been filed by the sole appellant, above-named, against the judgment of conviction dated 09.05.2003 and order of sentence dated 12.05.2003 passed by Sri Ram Pravesh Sharma, learned Additional Sessions Judge 5th, Gaya, in Sessions Trial No. 14 of 1999/71 of 1999 arising out of Chandauti P.S. Case No. 145 of 1997 whereby the sole appellant has been convicted under Section 302/34 as well as 201 of the Indian Penal Code and thereby sentenced to undergo under Sections 302/34 of the Indian Penal Code, rigorous imprisonment for life and to pay fine of Rs. 15,000/- and in default of payment of fine, the convict is further sentenced to undergo rigorous imprisonment for one year whereas for offence under Section 201 of the Indian Penal Code the convict is sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs. 5,000/- and in default of payment of fine to undergo rigorous imprisonment for four months. Though both the sentences were directed to run concurrently. It was further directed by the learned trial court that the fine if deposited then the same will be paid to parents of the victim girl, Archana Kumari and if the parents will not be alive then to legal heirs of Archana Kumari, the deceased.

(2.) The prosecution case starts with the fardbeyan of Chaukidar Rajendra Paswan recorded by S.I., S.N. Jha of Chakand O.P. under Chandauti Police Station of Gaya District on 11.10.1997 at 8.30 A.M. to the effect that the informant is the Chaukidar of Village- Bitho Sharif(Pakki Sadak) under Chandauti Police Station in the Gaya District. On 11.10.1997 at 6.00 A.M. some of the Villagers went in the field of the village to ease out and found the dead body of a girl on the road side then they informed the villagers after coming to the village. Then the informant went to the place of the occurrence and found one dead body of 14-15 years old girl on Gaya-Patna road on the western side and also found black mark on the neck, cut injury on the chin and sign of bleeding on the private part. In the meantime, others Chaukidars, namely, Raja Ram, Indradeo Paswan and Baldeo Paswan came to the place of occurrence and they also saw the dead body. Then the informant deputed the other Chaukidar to watch the dead body and went to Chakand O.P. for giving information then from Chakand O.P. two police officials came and recorded the statement of the informant. In the meantime, so many people gathered near the place of occurrence but none of them could identify the dead body but it appeared that the rape might have been committed and then with help of the rope and sharp cutting weapon, the victim girl has been killed and the dead body has been thrown. Though, no sign of assault and blood mark was found at the place where dead body was found. Hence, it was suspected that the victim girl was killed somewhere else and the dead body was thrown at the place of occurrence.

(3.) On the basis of the fardbeyan, Chandauti P.S. Case No. 145 of 1997 was registered against unknown under Sections 302 and 201 of the Indian Penal Code.