KEDAR MANJHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Criminal Appeal (DB) No. 1208 of 2008 filed on behalf of appellant Kedar Manjhi who has been convicted under Sections 307, 376, 302 read with Section 120(B) of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for life. The sentence is composite and it has not been segregated. The judgment of conviction dated 9th of August, 2008 and order of Sentence dated 18th of August, 2008 has been passed by the learned Additional Sessions Judge, Fast Track Court No. III, Jamui in Sessions Trial No. 498 of 2004, G.R. No. 757 of 2002 arising out of Sikandra P.S. Case No. 95 of 2002.

(2.) Initially the case was registered against this accused and others including his full brother Karu Manjhi on the basis of Jardbeyan of Kalwatiya Devi PW 10, under Sections 452, 323, 324, 307, 364 (A) of the Indian Penal Code on 23.08.2002. Sections 376, 302 of the Indian Penal Code were added later on vide order dated 25.08.2002. Unfortunately, the Jardbeyan or the formal First Information Report is not on the record and these documents were not exhibited by the prosecution.

(3.) The prosecution is being brought on record which has been noted in the judgment. The fardbeyan of Kalwatiya Devi PW 10 recorded at Primary Health Centre, Sikandra at 10.00 p.m. on 23.08.2002, divulged that in the previous night while she along with her family members were sleeping then at 10.00 p.m., the criminals forced their entry inside the house. They have been named as this appellant and others namely Karu Manjhi and Dhano Rabidas. They carried away the informant's daughter Sarita Kumari aged 13 years and brutally assaulted the informant. The Jardbeyan registered under Sections 452, 323, 324, 307, 364 (A) of the Indian Penal Code. In course of investigation, on the day following of the occurrence a dead body was recovered from a jungle and it was suspected that prior to killing the informant's daughter she was subjected to rape by the accused persons. After investigation, charge-sheet was submitted and the case was committed to the Court of Sessions where charge under Sections 302, 120(B), 364(A), 376 and 307 of the Indian Penal Code was explained to the accused and he pleaded innocence then the trial proceeded. Other accused absconded so they were not put on trial.