RAVAN MURMU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Ms. Bharti Kumari, learned amicus curiae appointed by this Court for the appellant, and the learned counsel for the State.

(2.) The appellant is aggrieved by the Judgment of conviction and Order of sentence dated 29th September, 2007, passed by learned 5th Additional Sessions Judge, Jamtara, in Sessions Case No.16 of 2006/67 of 2005, whereby the sole appellant has been found guilty and convicted for the offences under Sections 302, 376 and 201 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo rigorous imprisonment for life with a fine of Rs. 500 for the offence under Section 302 of the Indian Penal Code, rigorous imprisonment for ten years with a fine of Rs. 500/- for the offence under Section 376 of the Indian Penal Code and rigorous imprisonment for seven years with a fine of Rs. 500/- for the offence under Section 201 of the Indian Penal Code and all the sentences were directed to run concurrently.

(3.) The prosecution case was instituted on the basis of the fardbeyan of the informant Dropadi Besra, the younger sister of the deceased Prajapati Besra. According to the fardbeyan, the deceased Prajapati Besara was living with the accused Ravan Murmu as husband and wife at his village, in the State of West Bengal. On 09.08.2004, the deceased had come to her father's place and after some time, the accused Ravan Murmu also came there and took the deceased along with him stating that they were going to Nala Hatia, where after the deceased did not return back. On 10.08.2004, one Rakib Ansari informed that dead body of a lady was in the pond, whereupon she went to the pond of Rakib Mian and found the dead body of her sister with injuries on her body and her neck strangulated with her Salwar. The bag and slippers of the deceased were also there. The informant has also stated in the fardbeyan that one Lakhishwar Marandi had also seen the deceased along with the accused and thereafter the accused was absconding. The informant has also stated that after her sister went out of the house, she went towards the agricultural fields and when she was returning, she saw 3-4 persons, whom she did not know by names, but, they were friends of the accused Ravan Murmu, and they stated that they, along with Ravan Murmu would kill her sister. She has alleged that the accused had committed the murder of her sister. On the basis of the fardbeyan of Dropadi Besra, Nala P.S. Case No.44 of 2004 corresponding to G.R. No.229 of 2004 was instituted for the offence under Sections 302/201/34 of the Indian Penal Code and investigation was taken up. After investigation, the police submitted charge-sheet against the accused.