ANIL KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS Criminal Appeal is directed against the Judgment of conviction and order of sentence recorded by the Sessions Judge, Gumla in S.T. No. 174 of 1998 by which the sole appellant Anil Kujur was convicted under section 04 part II of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for seven years. He was further convicted under section 450 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for two years. It was directed that both the sentences would run concurrently by order dated 13.9.2002.

(2.) THE prosecution story in short was that the informant P.W.5 Nirmala Minz, a girl aged about 18 years, delivered her Fardbeyan on 2 . .1998 before the police that in the previous night i.e. 22. .1998 at about 8.p.m. while she was pressing her clothes with iron and her mother Kripa Minz had been to the house of her sister in the same village, the accused-appellant Anil Kujur, aged about 22 years, entered into her room by pushing the door and tried to remove the Lantern which was burning ,the informant sensing some faul play and taking advantage escaped from her house and went to the house of her brother-in-law in the same village where her mother had gone to. She narrated her mother and sister that Anil Kujur had entered into her house with ulterior motive. She further narrated that on coming back with her mother at 9 p.m. she found that the door of her house was open. The accused Anil Kujur was not there but she found that the clothes which she was pressing, was missing, as such, her mother went to the house of Anil Kujur to enquiry about her clothes where she was told that Anil Kujur did not return to his home. After a short while Anil Kujur again appeared and entered into the house of the informant and tried to forcibly take her away by dragging her which was objected and resisted by her mother Kripa Minz who stood firm at the door whereupon the appellant Anil Kujur thrashed her as a result of which she fell down on the peg of wood and sustained injuries on her forehead below the left eyebrow, nose and chest. She started trembling on the earth and screamed by raising alarm. , Anil Kujur escaped and the witnesses arrived including her sister and brother-in-law to whom the informant narrated the occurrence. After sometime her mother died. Her Fardbeyan led to registration of Raidih P.S. Case No. 9/1998 on 2 . .1998 for the offence under section 04 of the Indian Penal Code against the sole accused Anil Kujur who is the appellant herein. The investigating Officer after investigation of this case submitted charge sheet for the offence under sections 452/ 54/ 04 of the Indian Penal Code. After commitment of the case, the Sessions Judge, Gumla found appropriate to frame and accordingly framed charge against Anil Kujur (appellant) under section 450/ 04 of the Indian Penal Code to which he pleaded not guilty and claimed his trial.

(3.) P .W.1 Binod Toppo was close door neighbour of the informant Nirmala Minz who arrived at the scene of the occurrence on the alarm there being raised by the informant where he witnessed mother of the informant Kripa Minz lying on the earth, sustaining injuries. When called upon, Kripa Minz narrated that it was Anil Kujur who was dragging her daughter Nirmala Miniz out with the intention to ravish her and when she tried to stop Anil Kujur, he pushed her on the wooden peg causing injuries. This witness further stated that Anil Kujur had committed rape on Nirmala Minz earlier in the month of October, 1997 and he was recently released on bail from the jail. Kripa Minz died after sometime in the same night and on the next day the police came and had recorded his statement. Inquest report of the deceased was prepared in his presence upon which he put his signature and the same was also signed by Amrujus Ekka. He admitted having seen the deceased Kripa Minz lying by the side of the wooden peg which was attached to the earth and further admitted his inter action with the deceased Kripa Minz .