DOMAN SINGH Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment passed by Additional Sessions Judge, Fast Tract Court -III, Daltonganj in Sessions Trial No. 239 of 2002 whereby and whereunder the sole accused Doman Singh has been convicted under Sections 302 and 201 of the Indian Penal Code for committing murder of Guddi Kumari and for disappearance of the evidence with the intention of screening from the legal punishment and has been sentenced to undergo rigorous imprisonment for life for the offence punishable under Section 302 of the I.P.C. but separate sentence was not imposed for the offence punishable under Section 201 of the I.P.C.

(2.) THE prosecution case, which is based on the fardbeyan of the informant Saroja Devi (PW -4) of village Sakhuatanr Tola Halumar, Daltonganj Sadar P.S., Palamau recorded by Kumar Pallav (PW -6), S.I. of Police, on 27.04.2002 at 3.00 P.M., in short, is that at about 8.00 A.M. on the same day, her 13 years old daughter Guddi Kumari went to nearby forest for grazing she -goats but when she came back from forest at 10:30 a.m., there was shortage of one she -goat whereupon her daughter again went to the forest but did not return. Almost after an hour, the informant went towards the forest to search her daughter but saw that Doman Singh of her own village committed murder of her daughter after pressing her neck and setting the body on fire. Seeing this, she raised alarm but the said Doman Singh fled away in the forest. It is also alleged that the informant thereafter came near the dead body and found that her tongue was protruded and blood was coming out from her mouth and nostril and she also found the dead body of her daughter burnt. She suspected that there was some land dispute between the informant and Doman Singh and as he was little violent by nature and nobody was there behind him, he committed murder of her daughter by pressing her neck and set her body on fire. Prior to the occurrence, Doman Singh had threatened that every member of her family would be killed. The police after due investigation submitted the charge sheet and accordingly cognizance was taken and the case was committed to the Court of Sessions where the charge against the appellant Doman Singh was framed under Sections 302 and 201 of the Indian Penal Code. Prosecution in order to establish the charge against the appellant, examined six witnesses. Of them, the informant Saroja Devi was examined as PW -4 and she claimed to be an eye -witness of the occurrence. Two other witnesses P.W. 1 -Sukhdeo Singh and P.W. 2 -Raj Keshwar Singh are hearsay witnesses, P.W. 5 Rajnish Kumar is a formal witness, who has proved the formal F.I.R. (Ext. -3) and fardbeyan (Ext. -4) and the I.O. of this case Kumar Pallav is P.W. 6. P.W. 3 Dr. Satish Kumar Singh had conducted the autopsy on the dead body of the deceased Guddi Kumari and found the following ante mortem injuries:

(3.) THE Trial Court on consideration of the evidence and material brought on record specially the oral evidence of informant (P.W. 4) convicted and sentenced the appellant as foresaid.