ANOJ KUMAR MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) JUDGMENT and order dated 26.2.2005 passed by the 3rd Additional Sessions Judge, Katihar in Sessions Trial No. 224 of 2000 inflicting the sentence of death to accused Anoj Kumar Mandal alias Manoj Kumar Mandal upon his conviction under Sec. 302 of the Indian Penal Code has necessitated this Reference un - der Sec. 366 of the Code of Criminal Procedure. By the said judgment and order Anoj Kumar Mandal alias Manoj Kumar Mandal has been found guilty under sec - tions 302 and 376 of the Indian Penal Code but no separate sentence was inflicted under Sec. 376 of the Indian Penal Code. The said convict has also preferred appeal against the judgment and order of conviction which has been regis - tered as Criminal Appeal No. 206 of 2005. Both the appeal and the Reference were heard together and are being disposed of by this common judgment. The convict Anoj Kumar Mandal alias Manoj Kumar Mandal shall hereinafter be referred as appellant.

(2.) INFORMATION given by P.W. 10 Rudal Rishi to the Officer -in -charge of Dandkhora Police Station on 31.12.1999 at 13 hours had set the criminal case in motion. Ac - cording to the informant, on 31.12.1999 at 8.0 a.m. he gave Rs.13.50 to his daughter Rekha Kumari, aged 14 years to purchase rice, biri, match box etc. from a shop at village Khirkhiria. At about 8.15 a.m. he heard the alarm raised by the villagers and found that a boy is being chased by the residents of village Khirkhiria. According to the informant he also joined the, chase and the appellant Anoj Kumar Mandal was apprehended. The villagers chasing the boy disclosed that he had fled away commit - ting rape on his daughter. He disclosed the names of the villagers who chased and apprehended him as Ranjeet Lal Oraon (P.W. 1), Rajdeo Oraon (P.W. 2), Sundar Oraon (not examined), Shaligram Oraon (P.W. 6), Niranjan Oraon (P.W. 7), Khudni Devi (P.W. 4), Ramni Kumari (P.W. 8) and Ram Chandra Oraon (not examined). Ac - cording to the F.I.R. all the aforesaid per - sons saw the appellant fleeing away from Bansbitti (bamboo clumps) folding his Lungi and was caught at a little distance from the place of occurrence. According to the F.I.R. the appellant confessed that when his daughter Rekha Kumari was returning after purchasing the articles, he caught hold of her near a Bansbitti and committed rape on her. When she raised alarm, the appellant killed her by tying clothe around her neck. When the informant came to the Bansbitti found his daughter Rekha Kumari naked and dead. The informant alleged that the appellant had killed his daughter after committing rape on her.

(3.) AFTER usual investigation police submitted charge -sheet against the appel - lant and he was ultimately committed to the court of Sessions to face the trial, where he was charged for causing death of Rekha Kumari punishable under Section 302 of the Indian Penal Code as also raping her, punishable under Sec. 376 of the Indian Penal Code. The appellant pleaded not guilty and claimed to be tried.