KOKIL SINGH SARDAR Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Appeal has been preferred against the judgment of conviction dated 21.9.2007 and order of sentence dated 25.9.2007 passed by the Additional Sessions Judge (F.T.C. -II), Seraikela Kharsawan in connection with Sessions Trial Case No. 93 of 2004, corresponding to G.R. Case No. 293 of 2004 arising out of Nimdih P.S. Case No. 32 of 2004, whereby the sole appellant Kokil Singh Sardar has been convicted for the offence punishable under Sec. 302 IPC and sentenced to undergo rigorous imprisonment for life with a fine of Rs. 2000/ -, convicted for the offence punishable under Sec. 366 IPC and sentenced to undergo rigorous imprisonment for five year and line of Rs. 1000/ -, with a conviction u/s. 201 IPC rigorous imprisonment for three years and a fine of Rs. 1000/ -. All the sentences were to run concurrently.

(2.) The case of the prosecution as it appears from the fard -beyan of one Rewti Singh, wife of Govind Singh of village Nimdih, P.S. Nimdih, District Saraikella -Kharsawan, recorded by S.L B.B. Prasad Yadav of Nimdih PS, is that she is a widow, and due to pain in her legs she had difficulty in walking about. Her only support is her daughter, Aloka Singh. For the last three months one Kokil Singh, s/o Haldhar Singh Sardar, village Bhagath, PS Nimdih, District Saraikella Kharsawan used to come and forcibly have sexual relation with her daughter. When I used to object then Kokil Singh replied, that he would be marrying Aloka and he is collecting money. On 22.4.2004, at 7 p.m. Kokil Singh came to her residence and announced that I have come to take Aloka for marriage. When she attempted to prevent Kokil Singh from taking her daughter, then he gripped her neck and pushed her away. When he was taking Aloka away both she and her daughter screamed and raised alarm, but then it was raining and winds were blowing due to which, no body heard them and thus no one came to save them and Kokil Singh dragged away her daughter forcibly. On 23.4.2004, around 12:00 noon alarm was raised that Aloka Singh's dead body is lying at Purnapani Plashtand, and that some one has strangulated and assaulted her with stones and killed her The villagers informed this to the Police Station.

(3.) She has alleged that Kokil Singh was for the last three months coming to their house and under the promise of marriage raping Aloka and then on the pretext of marriage took her away to open field at Purnapani Plashtand and strangulated her as well as hit her with stones and murdered her,