STATE OF JHARKHAND Vs. LAL SINGH MATI SOY

JUDGEMENT

(1.) Both the criminal appeals are by the same appellant, Lal Singh Mati Soy. Criminal Appeal No. 945 of 2004 has been preferred by him from jail. The appellant was tried along with four other accused who were arrayed as accused Nos. 2 to 5 before the Additional Sessions Judge, Fast Track Court, Seraikela who faced charges under Sections 376(2)(g), 302, 201/34 of the Indian Penal Code. The appellant was also charged under Section 366, I.P.C. The trial Court, finding the other accused not guilty, acquitted them of the charges and convicted this appellant alone for the offence under Sections 376(2)(g), 302 and 366, I. P.C. and he was sentenced to death.

(2.) According to the prosecution, the allegation against the appellant and the other accused who were arrayed as accused Nos. 2 to 5 in the trial Court, is that on 16-5-2003 Lal Singh Mati Soy, who is the appellant in both the appeals, took away Surumai Godsora, the daughter of P.W. 5 and later she was gang raped and murdered.

(3.) The trial Court, on the evidence adduced, while acquitting the other accused, found the appellant alone guilty under Sections 366, 376 (2)(g) and 302, I. P. C. On being found guilty the appellant was sentenced to eight years R.I. under Section 366, I.P.C. and also to pay a fine of Rs. 10,000/- for the offence under Section 376(2)(g), I. P.C. and for the offence under Section 302, I.P.C. he was sentenced to death. He was also sentenced to seven years' R.I. and to pay a fine of Rs. 10,000/-under Section 201, I.P.C. In default of payment of fine, sentence of three years' simple imprisonment under each count was also imposed upon the appellant by the trial Court.