THE STATE OF JHARKHAND Vs. DHENA

JUDGEMENT

(1.) THE appellant -Vishesh Mahto @ Dhena was put on trial in Sessions Trial No. 579 of 2008 on the charge of committing rape upon Mahrani Kumari, aged about 11 years, and then killing her and also for causing disappearance of the evidence of the murder and rape. The Additional Judicial Commissioner -III -cum -FTC (CAW), Ranchi having found the appellant guilty of all the charges recorded the judgment of conviction dated 30.9.2013 and awarded death sentence to the appellant -Vishesh Mahto @ Dhena vide order dated 3.10.2013.

(2.) THE case of the prosecution is that on 08.05.2008, the informant -Lal Nand Kishor Nath Sahdeo (P.W. 13) was there in his house along with his family members including his daughter -Mahrani Kumari, aged about 11 years. In the afternoon, it was raining. When it stopped raining Mahrani Kumari at about 3 p.m. came out of the house to come to an orchard for picking up mangoes and litchis but she did not return till 5 o'clock. The informant along with other villagers set out in search of her but they did not find Mahrani Kumari in the village.

(3.) DURING trial, the prosecution in order to prove its case examined altogether 14 witnesses. Of them, P.W. 1 -Raju Oraon has testified that when Mahrani Kumari, daughter of the informant, went missing, he along with others searched her for two days but did not find any trace of the girl. On 10.5.2008 the dead body was found floating in a well which was taken out in presence of P.Ws. 5, 8 and 9 who have also testified in the same manner. P.W. 2 as well as P.Ws. 9 and 10 are also the witnesses to the seizure of Tangi from behind the bush. P.W. 4 - Pawan Baitha and P.W. 7 - Maru Oraon, on whose testimonies entire case of the prosecution hinges, have testified that while they were grazing their cattle in an orchard, the appellant came and asked as to whose daughter the girl (Mahrani Kumari) is? When they disclosed about the name of father of the girl, the appellant went towards her. After sometime, they heard sound of screaming of the girl. They also saw the appellant assaulting the girl with Tangi. While they were about to leave the orchard, the appellant came to them and held out threat not to disclose anybody otherwise they will have to face consequences. P.W. 13 -Lal Nand Kishor Nath Sahdeo happens to be the informant who did testify in the same manner as he had made statement in his fardbeyan (Ext. 6).