SANTRE ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THESE appeals are directed against the judgment of conviction dated 22 -4 -2003 and the order of sentence dated 24 -4 -2003, passed by the then learned Sessions Judge, Gumla in Sessions Trial No. 66 of 2000, whereby and whereunder the appellants, having been found guilty for committing murder of Ranjana Kumari and also for making an attempt to commit rape upon her, convicted them for the offence punishable under Sections 302/34 and Section 376/511 of the Indian Penal Code and sentenced each of them to undergo rigorous imprisonment for life for the offence punishable under Sections 302/34 of the Indian Penal Code and further to undergo rigorous imprisonment for three years or the offence punishable under Sections 376/511 of the Indian Penal Code. The case of the prosecution, as has been made out in the fardbeyan (Ext. 1/1) is that on 4 -7 -1999, Ranjana Kumari, the daughter of the informant -Manga Oraon (P.W.4) had gone to Toto to see Rath Mela. She came back home at about 6.30 p.m. Thereafter, she came to river side for easing herself. After sometime, when the informant heard distress sound, he along with his wife came to river side where his daughter -Jasmani Kumari alias Nauri Kumari (P.W. 1) had already reached there along with Eteshwar Oraon (P.W. 2) and Khuria Oraon (P.W. 3). There they found Ranjana Kumari submerged in the water. They took her out of river. They found several injuries on her person. She was brought home in the injured conditions and there Ranjana Kumari (deceased) disclosed them that while she had gone to river side for easing herself, the appellants came and wanted to have sex with her but when she refused, they tried to strangulate her but when she shouted, they inflicted several Chura injuries.

(2.) ON the next date i.e. on 5 -7 -1999, when Nageshwar Prasad Singh (P.W. 11), Officer -in -Charge of Gumla Police Station on hearing rumour that one girl has died in course of her treatment, came to the clinic of the Doctor, he recorded the fardbeyan of Manga Oraon, who made the same statement which has been stated above, on the basis of which, a formal first information report was drawn.

(3.) MEANWHILE , the I.O. recorded the statement of the witnesses. On completion of the investigation when the charge -sheet was submitted, the cognizance of the offences was taken against the appellants.