CHANDAN MAHTO Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal arises out of the judgment dated 14th June, 2010 passed by the learned 2nd Additional Sessions Judge, Bagaha, in Sessions Trial No. 394 of 2003/Serial No. 422 of 2009 arising out of Goberdhana (Gobrahiya) P.S. Case No. 20 of 2002, by which the appellant has been convicted for offences under Sections 376, 302 and 201 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life for the offence under Section 302 of Indian Penal Code and rigorous imprisonment for ten years for offence under Section 376 of Indian Penal Code. He was further sentenced to undergo rigorous imprisonment for five years for committing offence under Section 201 of Indian Penal Code. Sentences were directed to run concurrently.

(2.) THE prosecution case that victim Sabitri Kumari (deceased) aged about 12 years was the daughter of the informant Ramjee Sharma(P.W.8) had, on 08.11.2002 gone to village Belatari to collect the dues of Garasa from one Saral Bot, son of Cheda Bot, but she did not return home till evening on 08.11.2002. The informant, Ramjee Sharma started searching for her. During search along with other villagers learnt from Ghanshyam Choudhary (P.W.2) and Nemraj Mahto (P.W.4) that they had seen the appellant Chandan chewing sugarcane in the evening at about 5.00 P.M. on the ridge i.e. path way passed in between sugarcane field of Bhrahmdeo and Suraj Bot. Thereafter, villagers and Gumasta (P.W.10) apprehended Chandan in the mid night at about 2.30 AM. from his house and Chandan Mahto on enquiry confessed that he had caught the victim and took her in the sugarcane field and had raped her and thereafter, killed her and concealed the dead body in Sargatha forest. The informant along with others P.W.1 Sheetal Mahto, P.W.10 Budhai Mahto, the Gumasta, produced the appellant, Chandan Mahto in the police station and gave written report written by Sheetal Mahto and signed by informant Ramjee Sharma (P.W.8) Laxman Mahto (P.W.9) and Budhai Mahto (P.W.10) at 9.45 P.M. on 09.11.2002 and on the basis thereof the F.I.R. was lodged on 10.11.2002 at 10.00 A.M. After lodging of the First Information Report, investigation proceeded, the statements of witnesses were recorded and during investigation broken bangles was recovered from the sugarcane field for which seizure list was prepared. The dead body was recovered from Sargatha forest. Thereafter, inquest report was prepared (Exhibit 1 and Exhibit 1/1) and subsequently post mortem examination was conducted and post mortem examination report was marked as Exhibit -3. The police after investigation submitted charge sheet, but the I.O. was not examined in the case. After submission of the charge sheet, cognizance was taken and case was committed to the Court of Sessions and subsequently, charges were framed under Sections 376, 302 and 201 of Indian Penal Code.

(3.) THE defence of the accused person was that he has falsely been implicated in this case and no occurrence as alleged was committed by Chandan and that the witnesses have falsely deposed against him.