AMAR MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the appellants have been convicted under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. They have further been convicted under Section 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for eight years by the 2nd Additional Sessions Judge, Madhubani in Sessions Trial No. 263 of 1999 by judgment and order dated 2.12.2000/4.12.2000.

(2.) The fardbeyan of Soti San was recorded by the Sub Inspector of Police Birendra Nath Singh on 18.12.1998 at 4.15 p.m. in Lalai Gachhi in village Karihar. In the fardbeyan the informant stated that on 18.12.1998 at about 2 p.m. he was informed by his villager Lalit Yadav that the dead body of his daughter Mina Kumari was lying in Lalai Gachhi. On this information he alongwith his family members came to Lalai Gachhi. At Lalai Gachhi in the orchard of Thakkan Jha he found that his daughter Mina Kumari was lying dead in naked condition and blood was oozing from her private part and her mouth was swollen. Her under garment was full of blood and it was lying by the side of her dead body. He apprehended that his daughter has been raped and thereafter she has been killed. At that very time his wife informed him that on previous day i.e. on 17.12.1998 when her daughter Mina Kumari had gone to collect cow dung in Lalaigachi the accused Raje Mishra, Nirala Mishra, Amar Mishra chased her for which the mother of the deceased Mina Kumari had scolded them. The informant had suspicion that these accused persons raped her daughter and thereafter killed her, when she had gone to collect cow dung,

(3.) On the basis of the aforesaid fardbeyan case was registered under Sections 376/302/34 of the Indian Penal Code against Raje Mishra, Nirala Mishra and Amar Mishra. In course of the investigation the name of Navin Mishra was added as accused. After completing the investigation, the charge-sheet was submitted, cognizance was taken and the case was committed to the Court of Sessions. It was found that one of the accused was juvenile therefore, his case was separated and the case of these appellants was tried by the Sessions Court and after trial the appellants have been convicted as aforesaid.