SANTOSH MANJHI @ GHICHANA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred by the appellant Santosh Manjhi Ghichana against the judgment of conviction and order of sentence dated 28.8.2004 passed by learned 6th Additional Sessions Judge, Siwan in Sessions Trial No. 381 of 2003 by which he has been convicted and sentenced to rigorous imprisonment for life under Section 302, IPC and 7 years under Section 376 of IPC. It has been directed that both the sentences would run concurrently.

(2.) The prosecution case, in brief, is that on 23.2.2003 at about 1 p.m. Manager Sharma, informant (PW 7) had gone in the western direction of his village to scrap grass. When he reached near the fild of Jaishree Manjhi, he heard one woman yelling at the top of voice and asking for help saying that Ghichana @ Santosh Manjhi (appellant) was trying to outrage her modesty. When the informant (PW 7) went nearby, he saw Ghichana on the top of the woman who was his aunt Dhurpati Devi (deceased). It has been further alleged that with the help of khurpi, the women was trying to save herself but the appellant snatched khurpi and assaulted on her neck, head, face and nose By the assault the deceased was in profused bleeding. The informant caught hold of the appellant but somehow he got himself freed and ran away. Jagpati Devi (PW 1) and her daughter Shanti Devi (PW 2) rushed the place of occurrence and saw the occurrence After sometime Dhurpati Devi (deceased) died on the spot.

(3.) Fardbeyan (Ext. 4) of the informant (PW 7) was recorded at the place of occurrence Murarpatti Pachhim Badh by S.I. Sanour Khan (PW 8) on 232.2003 at 5.30 p.m. On the basis of fardbegan Nautan P.S, Case No. 11 of 2003 dated 23.2.2003 was registered for the offence punishable under Sections 302 and 376, IPC against the sole appellant. After investigation charge- sheet was submitted and the | case was committed to the Court of sessioa. Charge was framed against the appellant for the offence punishable under Sections 376 and 302, IPC to which he denied and claimed to be tried. After trial, the sole appellant has been convicted and sentenced as mentioned above.