SARJU MANJHI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, learned counsel for the appellant, Mr. Manoj Kumar Sah, Advocate and learned counsel for the State, Mr. Suraj Mohan, learned Additional Public Prosecutor.

(2.) The instant Criminal appeal is directed against the judgment of conviction and order of sentence, both dtd. 11/3/2005, passed by learned 4th Additional Sessions Judge, (Fast Track Court No.1), Godda, in Sessions Case No. 130 of 1996 / 65 of 2002, whereby, the sole appellant has been convicted for the offence committed and punishable under Ss. 324 and 307 of the Indian Penal Code and awarded Rigorous Imprisonment for three years for the offence committed and punishable under Sec. 324 of the Indian Penal Code and awarded Rigorous Imprisonment for five years with fine of Rs.2000.00 for the offence committed and punishable under Sec. 307 of the Indian Penal Code and in default of payment of fine, further directed to undergo simple imprisonment for one month. Both the sentences are directed to run concurrently.

(3.) The prosecution case, is based upon, fardbeyan of the informant, Pama Devi (P.W.2.) recorded by, Sub-Inspector of police, O. P. Singh, Officer-in-Charge, Basant Rai Police out post, Godda, on 17/5/1993 at about 2.30 hrs. wherein, the informant has stated, that the informant was sleeping with her children and husband, out side her house in the Dhava on the cot and her mother-in-law and father-in-law had gone to Bareni for feast. Mulhai Manjhi took away her husband, at about 10.30 P.M. in the night for Panchayati on the same day. The informant has further stated that after sometime a person came and caught her hair. She woke up suddenly and identified four accused persons in the light of the Dibiya as Sarju Manjhi, Jamadar Manjhi, Keshmani Manjhi and Siko Manjhi. One of the accused person has put off the Dibiya. The accused Sarju Manjhi assaulted on her neck by Chhura but the informant put her right hand on her neck sustaining bleeding injury on fingers of her right hand. All the accused persons namely, Jamadar Manjhi, Siko Manjhi, Keshmani Manjhi caught her and accused Sarju Manjhi assaulted on her abdomen by chhura, causing bleeding injury. On brawl raised by the informant, accused persons have fled away. Her husband and villagers Shanichar Manjhi, Mulhai Manjhi, Kadru Manjhi and other persons came there. She told them about the alleged occurrence. Her husband and other villagers took her to the Police Station. The informant has further stated that she was having pregnancy of six months at the time of the occurrence. The informant has also stated that cause of alleged occurrence was prevailing enmity. The accused Sarju Manjhi had filed a rape case against her husband and father-in-law. The informant has further stated that her husband is using government land, in front of the house of Sarju Manjhi, for preparing manure, due to which the accused Sarju Manjhi was angry with her husband and had given threatening to kill her husband.