FIROJ SINGH KUNTIYA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) BOTH the appellants stand convicted for the offences punishable under Sections 376, 302/34 and 2dTof the Indian Penal Code and sentenced to serve rigorous imprisonment for life under Sections 376 and 302/34 of the Indian Penal Code and further sentenced to serve rigorous imprisonment for a period of five years under Section 201 of the Indian Penal Code, by the 1st Additional Sessions Judge, Chaibasa in Sessions Trial No. 234 of 1997. However, both the sentences were ordered to run concurrently.

(2.) THE factual matrix leading to their convictions are that deceased Naguri Mai Kandaiburu, daughter of informant used to sell Haria. According to the prosecution version, she had gone to Mangla Hat at Chaibasa in the afternoon of 25.3.1997 from where she returned along with the appellants and two others, namely, Saheb Singh Kuntia and Jhinkpani @ Burhan Singh Kuntia. Further stated that she handed over the sale proceeds to her mother and left the house with the appellants and two others that they will get her married. When the girl did not return till next day le. 26.3.1997, they started searching her. However, the girl could not be find nor the appellants in their house. The girl could not be found, till 26.3.1997 so they were going to police station when they came to know that the dead body of the girl was hanging on a tree inside Lolosaigutu forest. The Informant along with others reached at the place of occurrence and found the dead body of her daughter hanging on the tree. According to him, the appellants have left their bicycles in the village. He further asserted that appellant Firoj Singh Kuntiya was after his girl for many days and they had gone with the deceased and ultimately got her raped and killed.

(3.) THE trial of the appellants was committed to the Court of Sessions where they were charged for the alleged offences on 7.1.1998. The appellants have pleaded not guilty and claimed false prosecution. However, the learned trial Court found and held guilty both of them for the offence under Sections 376, 302/34 and 201 of the Indian Penal Code and sentenced to them as stated above.