BOYO BARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction and sentence dated 30th July, 2003 whereby and whereunder the appellants have been held guilty for the offences punishable under Sections 147, 148, 302/149, 452 & 201 of the Indian Penal Code and each of them were sentenced to undergo R.I. for life under Section 302/149, I.P.C., R.I. for one year under Section 147, I.P.C., R.I. for 2 years under Section 148 I.P.C., R.I. for 3 years under Section 452, I.P.C. and R.I. for 2 years under Section 201 I.P.C. The appellants namely Kundiya Ban @ Topandi and Bishnu Kurli have further been held guilty for the offence punishable under Section 376/149 I.P.C. and both of them were sentenced to undergo R.I. for 7 years under Section 376/149 I.P.C. All the sentences so passed against the appellants were directed to run concurrently.

(2.) The First Information Report lodged on 5.4.1995 by one Chandu Bandia discloses the fact that on 3.4.1995 she was present with her parents, sisters and brothers in her house. At about 8 p.m. 15-16 persons reached to the place and compelled them to open the door and entered into the house. The informant could be able to identify six miscreants out of them who are named in the F.I.R. It is alleged that the accused persons branded parents of the informant as witch and forcibly took all the family members towards river side on the point of lethal weapon like lathi, sword etc. with which they were armed. The informant was taken towards bush by accused Kinkri Ho, Kundiya Bari @ Topandi and Bishnu Kurli who all committed rape on her one after another. After being ravished the informant became senseless and after having sense she went to the house of Pasing Soi and disclosed about the incident to his wife. In the morning the informant along with wife of Pasing Soi returned home but on the way near the river bank they noticed blood stain at places. After seeing the blood she formed an opinion that her parents, brothers and sisters must have been killed by the accused persons who kidnapped them. The occurrence was brought to the notice of villagers, Munda and Sarpanch who made a search but could not succeed to find out the dead bodies and the matter was reported to police. Thereafter, all dead bodies of six deceased namely, Srimatu Bandia (aged 45 years), mother of the informant, Sikra Bandia (aged 8 years, Hari Bandia aged 6 years, Jiten Bandia aged 8 years, Jinem Bandia aged 12 years and Jonga Bandia, aged 16 years were recovered from the river bed which were buried within the sand. The dead body of Pandu Bandia (father of the informant) was recovered from a place situated at a distance of three kilometer from the river bank.

(3.) That the investigation was proceeded and after its conclusion chargesheet against the appellants and other accused persons was submitted.