VICKY PANDEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Indrajit Sinha, learned counsel for the appellant and Mrs. Vandana Bharti, learned A.P.P. for the State.

(2.) This appeal is directed against the judgment of conviction dtd. 16/1/2018 and order of sentence dtd. 27/1/2018 passed by Sri Shiv Sharan Dubey, learned Principal District and Sessions Judge, Seraikella-Kharsawan in Sessions Trial No. 150 of 2013, whereby and whereunder the appellant has been convicted for the offences punishable u/s 452, 376, 326 and 302 of the IPC and has been sentenced to undergo R.I. for life along with a fine of Rs.20,000.00 for the offence punishable u/s 302 of the IPC and in default of payment of fine to further undergo S.I. for six months. He has been sentenced to undergo R.I. for 08 years along with a fine of Rs.8000.00 for the offence punishable u/s 376 of the IPC and in default in payment of fine to further undergo S.I. for four months. The appellant has also been sentenced to undergo R.I. for 10 years for the offence punishable u/s 326 of the IPC along with a fine of Rs.8000.00and in default in payment of fine to further undergo S.I. for four months as also R.I. for 05 years along with a fine of Rs.5000.00for the offence punishable u/s 452 of the IPC and in default in payment of fine to further undergo S.I. for three months.

(3.) The fardbeyan of Bisunath Das was recorded on 9/3/2013 in which it has been stated that he works as a Welder in D.U. Computer Glass and Engineering factory. He stays on rent in the house of Mahato Ji along with his wife Rani Das and his six year old son. On 8/3/2013 at 8:00 P.M. he had left for his duty. It has been alleged that at 12:00 A.M. his neighbour Chaitan informed him on mobile that Vicky Pandey (appellant) had committed rape upon his wife and had set her ablaze. At this information he immediately rushed to his house and saw his wife in a badly burnt condition. When he asked his wife about the incident she has disclosed that she had gone to sleep when at about 4:30 P.M. somebody knocked on the door and when she opened it her neighbour Vicky Pandey had forcibly entered her room and committed rape upon her. When she threatened to disclose about the incident to her husband Vicky Pandey had sprinkled kerosene oil upon her and set her ablaze and thereafter had fled away. The informant had brought his wife to T.M.H. for treatment with the help of the locals. He has given his fardbeyan since his wife was in an unconscious state.