TALA DADA @ RAMJIT MURMU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) APPELLANT Tala Dada @ Ramjit Murmu (hereinafter to be referred to as 'accused') who was of the age of 24 years at the time of alleged occurrence after having been convicted and sentenced for the charge of Section 302 IPC vide impugned judgment of 1st Additional Sessions Judge, Pakur dated 6th December, 2003, has preferred the instant appeal which was admitted way back in year 2004. He, however, stands acquitted for the charge of Section 376 IPC. Admittedly, State has not preferred any appeal against the acquittal earned by the accused for the said charge.

(2.) SINCE the accused is languishing in jail for the last about 13 years (12 years, 09 months and few odd days), priority has been given to the instant appeal.

(3.) AS per the prosecution case, the deceased (name not being disclosed), daughter of PW Fate Kisku was having love affairs with the accused. She conceived and when the pregnancy reached at a particular stage (05 months), the deceased became worried and anxious and disclosed all to her Bhabhi (brother's wife) PW -4 herein who advised her to get the pregnancy terminated secretly for which the deceased approached the accused for some money and also put forth a proposal/request for marrying her. It is then the case of the prosecution that the deceased went to her sister's house at village Chirudih and from there she had gone to see Lagdum fair with her companions. At about 7.30 P.M., the accused and two other boys met the deceased and after some talk, she was dragged towards some dark side. The girls who were accompanying the deceased thought that the deceased had willfully gone with the accused because they were knowing each other very well and having love affairs. The reason projected is that Santhali custom is that if the boy likes the girl, he can drag the girl. On the next day, the dead body of the deceased was found hanging from a tree. It is thereafter the investigation was carried out by PW -9 and after culmination of the investigation, challan was filed and accused put to trial to face the charge of Section 302 IPC and Section 376 IPC. He is ultimately acquitted of the charge of Section 376 IPC and convicted for the charge of Section 302 IPC as stated above.