JOGL SADA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Jogi sada, the appellant, stands convicted under Section 307 of the Indian Penal Code (to be hereinafter referred to as the Code), and sentenced to undergo rigorous imprisonment for seven years. He has also been sentenced to undergo rigorous imprisonment for one year each under Section 354 as also under Section 342 of the Code. Although he was also charged under Section 376 read with Section 511 of the Code, but has been acquitted of that charge. His awarded sentences have been ordered to run concurrently. Feeling aggrieved, he has preferred this appeal through jail. Alongwith appellant, his co-uccused Birju Sada and Maikhu Sada were also convicted and sentenced under Section 342 Of the Code in the same manner, but this appeal has been prefered only by Jogi Sada appellant.

(2.) The appellant hails from Chhatunibadh, district-Madhubani, to which village his co-convicts Birju Sada and Maikhu Sada also hail.

(3.) The prosecution version, in brief, is that on 16-4-1988 at about noon time when Jalas Kumari PW 2 then aged about 12 years, was collecting grass by the side of a pond situate at some distance from the Abadi of the village, and her sister Punia Devi PW 3 was giving both to her buffalo, the appellant accompanied by aforesaid Birju Sada and Maikhu Sada had arrived. The latter two had tied the hands of PW 2 and the appellant had then tried to commit rape upon her. However, she thwarted the attempts of the appellant in indulging in sex with her. Her alarm had attracted to the spot Yugeshwar Yadav PW 1. At that stage at the asking of Birju Sada and Maikhu Sada, the appellant had given a blow with his Khurpi on the neck of PW 2 for committing her murder. After committing the crime, the appellant and his co-culprits had fled away.