KADO @ KADE MAJHI Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) By Court:This appeal has been filed against the judgment of conviction and order of sentence dated 11th December 2001 passed by the learned 1st Additional Sessions Judge, Seraikella in Sessions Trial No. 379 of 1999, convicting the appellants for the offence under sections 302/34 IPC and sentencing them to undergo R.I. for life.

(2.) The prosecution case in short is that the informant-Lakhi Ram Majhi (PW-9) recorded his fardbeyan on 20.05.1999 before the police at 1.30 PM to the effect that her daughter-Hopina Majhian (deceased) aged about 20 years along with her younger daughter and PWs-3 and 4, used to work as labourer in the construction of new pond. On 19.05.1999 when Hopina Majhian was returning with PWs 3 and 4 through Khudibera Jungle, the appellants stopped Hopina and dragged her towards Nala and wanted to commit rape on her, to which Hopina was not agreeable. Then the appellant-Kado assaulted her by fists, slaps and danda and then strangulated her to death. Thereafter, both the appellants caused injury in the private parts of the deceased by danda. On seeing the occurrence, other persons accompanying the deceased fled away. When Hopina did not return in the night, the informant went in search in the morning and found her dead body. The boys and girls who returned from the work told him about the occurrence. He found ligature mark on the neck of the deceased and blood was found near the private part of the deceased.

(3.) The prosecution has examined eleven witnesses. PWs 1 & 2 are inquest witnesses. Pws-3 & 4 are eyewitnesses. PW-5 is a formal witness. PW-6 was declared hostile. PWs-7 & 8 were tendered from cross-examination. PW-9 is the informant. PW-10 is the doctor who conducted postmortem examination on the dead body of the deceased. PW-11 is the Investigating Officer.