STATE OF JHARKHAND Vs. RAJU SINGH

JUDGEMENT

(1.) The criminal appeal as also the Death Reference arising out of the same impugned judgment, were heard together and are being disposed of by this common Judgment.

(2.) This appeal is directed against the judgment of conviction dated 05/02/2013 and order of sentence dated 08/02/2013, passed by the Sessions Judge, Bokaro, in Sessions Trial No. 122 of 2012, whereby and whereunder the appellant Raju Singh on being found guilty for committing rape and murder of a 10 years girl and then disposing of the dead body, convicted him for the offence punishable under Sec. 376 (2)(g), 302 and 201 of the Indian Penal Code and was sentenced to death for the offence punishable under Sec. 302 of the Indian Penal code and further to undergo R.I for 10 years and to pay a fine of Rs. 5000/ - with default clause for the offence under Sec. 376(2)(f) of the Indian Penal Code and further to undergo R.I. for 7 years and to pay a fine of Rs. 3000/ - for the offence punishable under Sec. 201 of the Indian Penal Code with default clause.

(3.) The case of the prosecution is that on 17/12/2011, the informant Logen Das (PW -10) came to his field which he was cultivating alongwith his wife Sumitra Devi (PW -1), son Amit Kumar Das (PW -2) and the daughter (deceased) aged about 10 years. There they collected the harvested crop and kept it at one place. He asked his daughter (deceased) to keep watch on it and he alongwith his wife and son went to another field situated slightly far from there to do cultivating work. After an hour the informant Logen Das (PW -10_ again came to that field where her daughter was watching the harvested crop. There he collected some firewoods and put it in fire so that his daughter may take warmth of it. Thereafter, he left for home. In the way he came to a brick kiln belonging to Gadawar Singh (the father of the appellant) where he found this appellant as well as one Manjhi Singh sitting. After having talk with them for couple of minutes, he came home and then went to office. At about 10 'O' Clock someone rang him and informed that his daughter is missing. Immediately, he came home and started searching his daughter alongwith other family members and villagers. During search, they came across with the appellant and Manjhi Singh at whose instance the dead body was recovered. They, after looking the condition of the dead body, did realise that before she was strangulated to death, she had been subjected to rape. At that point of time his Bhabhi Jhanu Devi (PW -8) informed that some time before she had seen the appellant running away and was perplexed.