PANCHAM BHUIYAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) BOTH the appeals, arising out of same judgment, were heard together and are being disposed of by this common judgment.

(2.) BOTH the appeals are directed against the judgment of conviction and order of sentence dated 17.2.2001 and 22.2.2001 passed by the learned 1st Additional Sessions Judge, Jamshedpur in Sessions Trial No. 254/99, whereby and whereunder the learned Sessions Judge held all the appellants guilty under Sections, 302, 376(g), 201, 34 Indian Penal Code and sentenced them to undergo RI for life under Sec.302 IPC, 12 years RI under Sec.376(g) and 5 years RI under Sec.201 IPC. However, sentences were directed to run concurrently.

(3.) ON the basis of this information, Sidgora P.S. Case No. 84/98 was registered against all the above named appellants under Sec.202,376,201,34 IPC. The police prepared inquest report, sent the dead body for post mortem examination and recorded the statements of a number of witnesses, wherein it was disclosed that appellant Raju Chhatisgarhia was apprehended by villagers in the evening of 20.11.98 and he has confessed his guilt to have committed this offence along with all other appellants. The police started searching the appellants who surrendered in the court of CJM Jamshedpur on 23.11.98. The police took all of them on remand and recorded their statements. On the basis of their confessional statements the police again arrived at the river bed and recovered d Sari worn by the deceased in the night of the occurrence, concealed within the river bed. Police further seized broken bangles from the place where the deceased was gang -raped. Accordingly the police submitted chargesheet against all of them under Sections 302,376,201,34 IPC.