STATE OF JHARKHAND Vs. SANJAY PASWAN @ FIRANGI PASWAN

JUDGEMENT

(1.) THE Death Reference No. 01 of 2011 and Criminal Appeal No. 207 of 2011 are directed against judgment of conviction dated 15th February, 2011 and sentence dated 18th February, 2011 passed in connection with S.T. Case No. 166 of 2010 corresponding to Baghbera P.S. Case No. 26 of 2010 whereby and whereunder the learned 1st Additional Sessions Judge, Singhbhum (East) at Jamshedpur has held the Appellant guilty for the offences punishable under Section 376 (f), 302 & 201 of the Indian Penal Code and awarded death sentence subject to the confirmation by this Court and No. separate sentence on each count has been passed.

(2.) THE fact emerges from the fardbeyan of Mina Rajbhar -informant recorded on 07.02.2010 at 1.30 a.m. at Tata Main Hospital, Ward -4(B) at Jamshedpur is that on 06.02.2010 while the informant had gone to her house situated at Sanjay Nagar Talab, her daughter Khusbu Kumari aged four and half years (the deceased), reached to the place at about 3.00 p.m. and asked for a rupee from her. The girl was directed to go home. At that relevant point of time the Appellant namely Sanjay Paswan @ Firangi Paswan was also present near the place who told the informant that he would drop Khusbu at home. The informant trusted the version of Appellant because he was resident of the same locality and permitted the deceased to go with him. At about 4.00 p.m. Shanti Rajbhar (mother of the informant) reached to the place in search of Khusbu with an intention to send her for her tuition but they were surprised to know that Khusbu left with Appellant for home but did not reach. The informant, with her mother, returned to their quarter situated in the adjoining locality and made search for Khusbu. In course of that at about 5.00 p.m. they learnt from Muhalla people that a naked girl in injured condition was lying in a drain situated on the northern back of the house of Appellant and the injured has been shifted to M.G.M. College & Hospital for treatment by Raj and Mangal. The informant with her brother and family members rushed to the place and found torn frock of her daughter Khusbu lying near the drain to which she picked up and rushed to M.G.M. Hospital. She found her daughter under treatment but she was unconscious. The deceased was shifted to Tata Main Hospital for her better treatment but she could not survive and succumbed to the injuries. In the hospital itself the fardbeyan of informant was recorded on the basis of which Baghbera P.S. Case No. 26 of 2010 dated 07.02.2010 under Sections 376(f), 302 & 201 of the Indian Penal Code was lodged. It is also disclosed that the girl was having injuries on her private part besides other injuries and it was suspected that she was subjected to rape and then assaulted.

(3.) THE blood and semen sample of the accused -Appellant were also taken and sent to State Forensic Science Laboratory for its examination and accordingly a report was submitted. After conclusion of the investigation the Investigating Officer had submitted charge sheet against Sanjay Paswan @ Firangi Paswan under Section 376 (f), 302 & 201 of the Indian Penal Code