SOHAN BASKI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsels for the appellant Mr. P.C. Tripathy, Sr. Advocate assisted by Ms. Nazia Rashid and Mr. Pradeep Kr. Choubey, advocates (in Cr. Appeal (SJ) No. 955 of 2004) and Mr. Dilip Kr. Prasad, Mr. Piyush Krishna Choudhary and Mr. Manoj Kr. Jha for the appellant (in Cr. Appeal (SJ) No. 926 of 2004). Mr. Nehru Mahto, Additional Public Prosecutor and Mr. Vikash Kishore, Additional Public Prosecutors appearing for the State.

(2.) Sohan Baski and Gopal Besra have preferred separate appeals against the common judgment of conviction and order of sentence, both dated 20.05.2004 passed by the learned IVth Additional Sessions Judge (Fast Track Court 1), Godda 2in Sessions Case No. 28/2002, arising out of Pathargama P.S., Case No. 37/94, corresponding to G.R. Case No. 382/94, whereby both the appellants have been held guilty for the offence committed and punishable under sections 363/34, 366A/34, 323/34, 504/34 of the Indian Penal Code and awarded Rigorous Imprisonment for seven years and fine of Rs. 2,000/- for the offence committed and punishable u/s 363/34 of the Indian Penal Code, rigorous imprisonment for seven years and fine of Rs. 2000/- for the offence committed and punishable under section 366A/34 of the Indian Penal Code, rigorous Imprisonment for one year for the offence committed and punishable under section 323/34 of the Indian Penal Code and rigorous imprisonment for two years for the offence committed and punishable under section 504/34 of the Indian Penal Code. In case of default in payment of fine amount of Rs. 2000/- each by the accused/appellants, have to further undergo simple imprisonment for one month. All the sentences are directed to run concurrently.

(3.) The prosecution case is based upon the written report submitted by the Sanoti Murmu (P.W. 1), before the Officer-in-Charge, Pathargama Police Station, alleging therein that today i.e. on 12.04.1994, after appearing in matriculation examination conducted by Bihar School Examination Board, she was returning from the Pathargama College along with her Father Nimbai Murmu, mother Parvati Marandi, and brother Saheb Ram Murmu. As soon as she reached near Jagarnathpur Santhal Tola, suddenly two persons sitting on Rajdoot motor cycle bearing registration no. BHL 2870 came and tried to lift the informant and on protest made by the informant, she was abused and assaulted by the accused appellants. Her parents tried to save her but the appellants also assaulted and abused them and threatened to kill them. Thereafter, the accused persons took away the informant towards Lalmatiya. Sohan Baski was driving the motorcycle and Gopal Besra had caught hold of the informant and pressed her mouth but when the accused persons along with the victim were crossing the Pathargama Market, on seeing, police personnel, the informant raised brawl, then police followed the informant at Telni More and caught the accused persons along with their motorcycle along with victim-informant. The informant has disclosed about the incident. The motorcycle was driven by Sohan Baski and pillion rider was Gopal Besra. The informant alleged that the accused persons have lifted her and she has never seen these accused persons earlier.