PRABHAT KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) SOLE appellant, being aggrieved by his conviction under Section 302, 307 and 376 of the Indian Penal Code and sentence of rigorous imprisonment for life on the first count and ten years each on other counts, by judgment dated 20th of February, 2001 passed by the Sessions Judge, Samastipur in Sessions Trial No. 121 of 1997 has preferred this appeal.

(2.) PROSECUTION commenced on the basis of a statement given by Ganga Prasad Singh (P.W.5) at Government Hospital, Mohiuddinnagar on 16.2.1995 at 8.15 P.M. before the Assistant Sub Inspector of Police, Birendra Prasad Singh (P.W.5).

(3.) ACCORDING to the informant his daughter Baby Kumari, aged about thirteen years happened to be a student of Class X and studying at Girl's High School, Baluahi and used to go to her school from the village alongwith 3 -4 other girl students. According to the First Information Report, on 16.2.1995 she went to the School at 9 A.M. and she was asked by her mother to purchase some articles from the market, while returning from the School. On account thereof, according to the informant she was not expected to return alongwith other girl students. However, when she did not return till 4.30. P.M. informant made inquiry and was informed that his daughter had gone to the market to pruchase articles. According to the informant when his daughter did not return till 5.p.m., anxiety rolled in and he went in her search towards Mohiuddinnagar market alongwith Bhartendu Singh alias Karu Singh (P.W.1) and Sita Ram Singh (P.w.6). It has been alleged that the informant alongwith the other witnesses reached village Bakarpur they heard groaning -sound from the maize field, near the Middle School and when they rushed there, they saw the informant's daughter Baby Kumari and the appellant naked and later strangulating her while mounted on her body. Informant found her to be unconscious and swelling on her neck. On chase, appellant was apprehended.