DABLOO LINDA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present appeal has been preferred by the appellantaccused against judgment of conviction dated 8th August, 2005 and order of sentence dated 11th August, 2005 passed by the Additional Sessions Judge, F.T.C.III, Bokaro in Sessions Trial Case No.276 of 2002 whereby the present appellantaccused has been mainly punished for an offence under Section 302 of the India Penal Code for life imprisonment and also punished for five years' rigorous imprisonment under section 376 to be read with 511 of the Indian Penal Code. Both the sentences were ordered to run concurrently.

(2.) The case of the prosecution is that on 18th February, 2002 at about 19.30 hours (i.e. 7.30 p.m.) the informant Budhani Manjhyain (deceased) gave her statement to the police at Casualty Ward of Bokaro General Hospital. At that time her father Jaleshwar Manjhi (PW.8) was also present. It is stated by Budhani Manjhyain (deceased) that on 18th February, 2002 at about 3.30 p.m., she was changing her clothes after taking bath in her house. Her house is situated in Jopari Colony. Thereafter, the two accused persons in which one was Dabloo (appellant) and another coaccused, who is unknown, entered the house looking to the fact that she is all alone. Both the accused attempted to commit rape upon her. She resisted against the same and, therefore, the accused persons took the container of kerosine oil from her house, poured it on her body and set her on fire. The accused persons thereafter fled away from the house of the informant. Informant raised alarm and her neighbours came there and thereafter they extinguished the fire, but, till then the body was badly burnt. The mother of the informant Binoti Devi (PW.6) came from hospital (because the father of the informant was hospitalized and she had gone to the hospital to supply food). Injuredinformant was taken to Bokaro General Hospital for her treatment. The statement of the informant was recorded by Rizwan Ahmed Khan, who is Investigating Officer (PW.9) in presence of Jaleshwar Manjhi (PW.8). The statement of the informant was also signed by Dr. R.K. Singh (PW.4) and also by Executive Magistrate Mr. Rajiv. Thereafter, injured Budhani Manjhyain (informant) expired on 25th February, 2002 at about 5.30 a.m. She was declared dead and death certificate is Ext.4. After investigation, the police submitted chargesheet against this appellant and thereafter the case was committed to the Court of Sessions being Sessions Trial Case No.276 of 2002 and on the basis of the evidence of PW.1 to PW.9 and on the basis of documentary evidences available on record, the learned trial Court has convicted and sentenced the present appellant for an offence under Section 302 of the Indian Penal Code for life imprisonment and the appellant has also been punished for an offence under Section 376 to be read with 511 of the Indian Penal Code for rigorous imprisonment of five years. The appellantaccused was not available for investigation after recording the F.I.R., but, he surrendered in the Court on 21st February, 2002. Against this judgment of conviction and order of sentence, the present appeal has been preferred by the appellant.

(3.) We have heard the learned counsel for the appellant who has mainly submitted that the prosecution has not proved the offence beyond all reasonable doubts. There is no eyewitness to the incident. The prosecution witnesses, who have supported the case of the prosecution, are close relatives of the deceased. This aspect of the matter has not been properly appreciated by the learned trial Court and, hence, the judgment of conviction and order of sentence passed y the learned trial Court deserve to be quashed and set aside.