RAJDEO ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Cr. Appeal is directed against the judgment of conviction dated 18.3.2008 and order of sentence dated 19.3.2008 passed by Shri Rajesh Kumar Dubey, the learned Sessions Judge, Lather in S.C. No. 9 of 2006 by which the Appellant was convicted under Section 376(2) (g)/109 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for ten years. He was further convicted in part (ii) of Section 304/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years and to pay fine of Rs. 5000/-with default stipulation, however, with the direction that both the sentences would run concurrently against him.

(2.) The prosecution story in short was that in the night of 7.8.2005 at about 10 p.m. accused(Appellant) Rajdeo Oraon came to the house of the informant Neema Oraon where he came across Surji Devi(since deceased) and asked her to arrange liquor. To find out liquor in the village he requested Surji Devi and both came out from her house leaving her husband Neema Oraon there. After sometime Rajdeo Uraon returned back and informed the informant Neema Oraon that his wife Surji Devi was lying at some place in critical condition and he asked Neema Oraon to take back Surji Devi at home. Pursuant to such information, the informant Neema Oraon,his daughter Prabha Devi accompanied Rajdeo Oraon to the place but Surji Devi was not there. The informant then raised alarm whereupon the witnesses Shiban Oraon and Sugan Oraon came there and all enquired from Rajdeo Oraon as to the whereabouts of Surji Devi. The informant Neema Uraon then came to the road where he heard cry and murmuring originated from a bush in fibble voice . All went towards the origin of the voice and found a person committing rape upon Surji Devi. The person at the sight of the witnesses tried to escape but he could be overpowered and on interrogation disclosed his name Ramesh Kumar. Surji Devi was found unconscious and was partially naked. She was brought to the home but she died at about 5 a.m. after she vomited intermittently for whole of the night. The occurrence was witnessed by Akhilesh Oraon, Jagatar Oraon,Khiru Oraon and Sukan Oraon. The police arrived in the morning of 8.8.2005 at 7.30 a.m. on information and recorded the Fardbeyan of the husband Neema Oraon of the deceased Surji Devi. Inquest report of the deceased was prepared and the dead body was sent for post mortem examination. The statement of other witnesses were recorded and the police visited the place of occurrence. In the post mortem examination her vagina was found full of seminal fluid and her face swollen , as such, viscera was preserved. The Investigating Officer after investigation of the case submitted chargesheet against the Appellant Rajdeo Oraon and Ramesh Kumar for the alleged offence under Sections 376/304/34 of the Indian Penal Code. Charge, however was framed by the Sessions Judge, Latehar against them under Sections 376(2)(g) and 304/34 of the Indian Penal Code and they were put on trial..

(3.) During course of trial the prosecution examined P.W.1 Siban Oraon,P.W.2 Sugan Oraon,P.W.3 Akhilsh Oraon,P.W.4 Neema Oraon,P.W.5 Prabha Devi,P.W.6 Awadh Kumar Yadav,P.W.7 Manoj Kumar Gupta and P.W.8 Ravindra Narain . Beside, the prosecution proved several other documents such as the inquest report, Formal F.I.R. and the post mortem report of the Surji Devi.