SANGRAM CHORE Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant has been convicted under section 302 of the Indian Penal Code ("the Code", in short) as well under section 376 of the Code and sentenced to undergo imprisonment for life for each offence. The appellant is charged with taking away Fulo Kumari, aged about seven to eight years, from the house in the night to a secluded place and, after raping, to have killed her.

(2.) THE case of the prosecution as per fardbayan of Most. Makko Devi, mother of the victim (Exhibit -3) as recorded on 12.11.1995 at about 6.00 A.M. in her village, is that the informant had three daughters and with two of them along with most of the co -villagers she had attended ''Kirtan" in the village having gone there at about 10.00 P.M. leaving behind in the house Fulo Kumari by locking the gate. When about midnight she came back she found that though the lock was there but the gate, which was made of bamboo sticks and attached to the pillar with the help of a rope, that rope was cut and the gate was open. She found Fulo Kumari not in the house. She also stated that the house of appellant Sangram Chore was nearby. Then she went back to the place of ''Kirtan" and informed villagers whereafter all started searching her daughter. She further stated that every one of the village was present at the ''Kirtan" with the solitary absence of Sangram Chore and when she was going to. attend the ''Kirtan" she had seen him going towards her house. People also stated that Sangram Chore was not attending the "Kirtan". People started searching him and they found the appellant near the house of Chunni Hansda at a hand -pump. The covillagers made enquiries from him and in the presence of them he admitted that he had taken away Fulo Kumari from her house, gagged her and taking her to a banana grove he had raped her, but she died which dead body was kept in that banana grove. The people accompanied him to the place of occurrence and Sangram Chore removed banana leaves under which the dead body was hidden and pointed them the victim. Then the dead body, whose ears were also bleeding, was brought to her house and Sangram Chore also told that the injuries were due to his biting. Blood also had oozed from her private parts, Sangram Chore confessing that that was result of the rape. Then the people kept him confined. It was also stated that when the people had tried to catch him, he tried to flee away in course of which he had sustained some injuries.

(3.) NINE witnesses, in all have been examined in this case. P.W. 8. Shami Ahmad Khan was the Investigating Police Officer and P.W.1, Dr. L. N. Mandal and P. W. 9, Dr. M. Z. Abdin had, respectively, had conducted the post mortem, and had examined the appellant. P.W.5 Bhim Marandi was tendered for cross -examination and his evidence helps neither side. P.W. 6, Birendra Hansda was examined in -chief and just after the cross -examination had commenced, the proceeding was adjourned but it appears that thereafter he could not be brought back to the witness stand to finish the cross -examination. Therefore, the prosecution case, which is based on circumstantial evidences and the extra -judicial confession of the appellant rests upon the evidences of Paghrai Marandi (P.W. 4), Churku Marandi (P.W.3), Chhotelal Marandi (P.W. 4) and Makko Devi (P.W. 7), the informant herself. First the evidences of the non -official witnesses may be scanned. P.W. 2 in his evidence has supported about holding of ''Kirtan" in the night attended by them including the informant, stating that her daughter was in home. He testified about the hulla raised by the informant about missing of the girl and said that then they tried to find out as to who was not in the village and it came out that the appellant was not in the ''Kirtan". He was searched out at the tube -well washing his hands and feet. First he denied any knowledge but when the queries persisted he admitted that he had taken the victim who could be found in the banana grove of Pirthavi Chand Yadav. The witnesses went with him and he pointed the place where a dead body was recovered with injury marks on ears and neck and it could be seen that she was raped thereafter, the dead body was brought to the house of Makko Devi. He also is a witness to the inquest report (Exhibit -1).