MADHUMATI DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By Court: Since both the criminal appeals arise out of the common judgment passed by Additional District & Sessions Judge, Fast Track Court No.II, Ghatshila, East Singhbhum, in S.T. No.377 of 2004, they were heard together and hence disposed of by this common judgment. These appeals are directed against the judgment of conviction dated 15.07.2008 and order of sentence dated 18.07.2008 passed by Additional District & Sessions Judge, Fast Track Court No.II, Ghatshila, East Singhbhum, in S.T. No.377 of 2004 whereby both the appellants, having been found guilty of the charges under Sections 302/120B/201 of the Indian Penal Code, have been sentenced to undergo rigorous imprisonment for life under Sections 302 and 120B of the Indian Penal Code and have further been sentenced to undergo rigorous imprisonment for five years under Section 201 of the Indian Penal Code. Further, appellant-Gandhi Sahu in Cr. Appeal (D.B.) No.1162 of 2008, having been found guilty of the charge under Section 376 of the Indian Penal Code, has also been sentenced to undergo rigorous imprisonment for life. All the sentences have been directed to run concurrently.

(2.) The case of the prosecution in brief is that the informant-Udhawjee (P.W.16) suspected hands of four accused persons for kidnapping of his daughter Kushboo Kumari- deceased, aged about six years from his house, while she was playing. The informant alleged that on 06.02.1995, he had been to Jamshedpur for official work and when he came back at about 8.15 P.M. to his residence, he was told about disappearance of his child by his wife. Then, he started searching his daughter but she could not be traced. Thereafter, on the same day i.e. on 06.02,1995, he lodged a missing report. The informant further alleged that at about 11.45 A.M. on 07.02.1995, the dead body of his daughter -Khushboo Kumari lying within the bushes towards northern side of his house was recovered.

(3.) On the basis of the aforesaid fardbayan, Dhalbhumgarh P.S. Case No.8 of 1995 was registered for the offence under Sections 364/376/302/201/120(B) of the Indian Penal Code against the accused persons. The police after investigating the matter, examined the witnesses and filed final form against four accused persons. Thereafter, Additional Chief Judicial Magistrate, Ghatshila, directed the CID to re- investigate the matter. Thereafter on 05.07.1996, this case was transferred to CID. On 06.11.1996, the CID took up the investigation and ultimately filed charge sheet against two accused persons namely, Madhumati Devi and Gandhi Sahu on 07.07.2004, for committing murder of Khushboo Kumari and thereafter, cognizance of the offence was taken against the appellants.