SOMRI KAMIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal arises out of the judgment and order of conviction and sentence dated 28.05.2001 and 30.05.2001 respectively passed by the learned 2nd Additional Sessions Judge, Bermo at Tenughat in Sessions Trial No. 51 of 1998. S.T.R. No. 09 of 2000 arising out of Chandrapura P.S. Case No. 61 of 1997 corresponding to G.R No. 511 of 1997 convicting the appellants under Section 302/34 of the Indian Penal Code and sentencing them to undergo rigorous imprisonment for life.

(2.) The prosecution case in short is that fardbeyan of Srimati Devi was recorded on 01.07.1997 at 17.20 hours at female ward of Regional Hospital, Dhori in burnt condition to the effect that at about 4.00 p.m. she was sleeping in her house when appellant Gurua Munda aged about 30 years and appellant Somri Kamin came there. Somri Kamin stood at the door and Gurua entered into the house and tried to commit rape to which she resisted. On this Gurua poured kerosene oil from dhibri on her body and ignited it by match and then both the appellants fled away. It was also alleged that about four months back Somri committed marpit with Srimati Devi for which she was treated. On such fardbeyan the doctor PW 6 and PW 1 and PW 2 had signed. Srimati Devi succumbed to the injuries in the hospital.

(3.) Mr. Atanu Banerjee, learned counsel appearing for the appellants submitted that there are contradictions in the evidences and that it is doubtful that the deceased was in a position to give oral statement as she was 90% burnt and that no motive has come for causing the alleged incident and that it is also doubtful whether Gurua had intention to kill the deceased. He also submitted that DW-1 Raju Munda, who is son of the deceased, has stated that it was a case of accidental burn.