BHARANG KANDULNA Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the three appellants have preferred this appeal against the judgment and order dated 2-9-1999 passed by Sri Ram Prabodh Singh, 1st Additional sessions Judge, Singhbhum (West) at chaibasa in S. T. No. 171 of 1995 whereby and whereunder all the appellants have been convicted under Sections 302/34, 201, I. P. C. and appellant Nos. 1 and 3 have further been convicted under Section 376, I. P. C. and all the three appellants have been sentenced to undergo R. I. for life under Section 302,i. P. C. and R. I. for five years under Section 201, IPC. The appellant Nos. 1 and 3 have further been sentenced to undergo R. I. for 10 years under section 376, I. P. C. The sentences were ordered to run concurrently.

(2.) THE prosecution story in brief is that the deceased Dikri Kandiburu aged about 18 years was marriageable and the appellant gangu Barjo was trying to lure her in marriage. According to P. W. 1, the informant ram Kandaiburu, on 4-1-1995 she has gone to village Hat situated at about 500 yards from the village. He found her sister was talking with the appellants in the Hat. After sometime at about 8. p. m. when he went out he again saw the deceased was being courted by these appellants and trying to take her to their house. The informant keeping in view that as per customs prevailing in their society his sister was being persuaded by these appellants for marriage. He returned to his house but his sister did not return till next day. Then he started asking for his sister from the appellants who informed him that she has gone for relative's house. The informant tried to search the deceased at his relatives place but failed to locate her for next one week. Then he got suspicious and informed the village Munda. P. W. 2 regarding disappearance of his sister. The appellant Gangu Barjo was caught by P. W. 1 and chowkidar sudharshan and enquired in presence of villagers regarding the deceased. The appellant gangu Barjo as per prosecution case confessed before the villagers that the deceased was raped by other co-appellants and then killed. He further discloses to the villagers that the dead body of the deceased was concealed in the river beneath the water after getting the dead body tied with heavy stone. Accordingly the dead body was recovered in presence of the villagers and police.

(3.) THE Goikera police recorded the statement of the informant at 9. a. m. on 15-1-1995 and registered Goilkera P. S. Case No. 3 of 1995 under sections 302, 376, 201/34 of the Indian Penal Code against all the appellants to submit charge sheet against all appellants. The case was committed to the court of Sessions where they were charged jointly under sections 302/201/34 of the indian Penal Code. The Appellant Nos. 1 and 3 were further charged under Section 376, i. P. C. also. The appellants pleaded not guilty and claimed to be tried. However, the learned trial Court having believed the prosecution version found and held all of them guilty under Sections 302/201/34 of the Indian penal Code and Appellant Nos. 1 and 3 under section 376, I. P. C. separately. Accordingly, all the three appellants were sentenced to serve rigorous imprisonment for life under section 302, I. P. C. , R. I. for 5 years under section 201, I. P. C. and appellant Nos. 1 and 3 have also been sentenced to serve r. I. for 10 years under Section 376, I. P. C.