BANSIA SIDDHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Four persons, namely, Bansia Siddhu, Samsen Hansda, Lorence Marandi @ Lowrence Marandi and Bishnu Kumar Mandal were named as accused in the written report dated 12.03.2010 given to the police by Upanand Gupta, who was posted as Jailor at Central Jail, Dumka. On the basis of his written report, Dumka (Town) P.S Case No.37 of 2010 was lodged against the above-named accused persons under section 376 (2) (g) and section 302/34 of the Indian Penal Code. In Sessions Trial No.159 of 2010, the appellants have faced the trial on the charge under section 376 (2) (g) of the Indian Penal Code for committing gang rape with 'L' and 'S' and under section 302/34 of the Indian Penal Code for committing murder of 'L' . The appellants have been convicted and sentenced to R.I for life and fine of Rs.10,000/- under section 302/34 of the Indian Penal Code and R.I for ten years and fine of Rs.10,000/- under section 376 (2) (g) of the Indian Penal Code.

(2.) During the trial the prosecution has examined 17 witnesses; 'S' who is a victim has been examined as P.W.6.

(3.) The case of the prosecution is unfolded in the written report of the Jailor-P.W.2 which according to him was typed by Lallan Kumar Bharti-P.W.3. In the written report dated 12.03.2010, P.W.2 has stated that at about 5:00 p.m. on 12.03.2010 he received a secret information that in the kitchen of barracks which are situated inside the residential campus of the Jail Superintendent dead body of a female mazdoor has been concealed. To verify this information he has gone to the house of the Jail Superintendent with P.W.3 where he has found in the kitchen of barracks dead body of a female aged about 32 years covered with a bed-sheet. He has seen blood and injury on her head. On enquiry, he was told that at about 7:00 p.m. the last evening Samsen Hansda and Bansia Siddhu had brought one lady for enjoyment and after sexually assaulting killed her and concealed her dead body in the kitchen. Md. Belkasim-P.W. 11 who was working as a labour in the quarter of the jailor has identified the dead body of the deceased 'L' who according to him was engaged in the work of the under-construction garage.