SOMRAI HEMBRAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned Amicus Curiae Mr. Asit Baran Mahata and learned counsel for the State Mr. Ravi Prakash, Additional Public Prosecutor.

(2.) The instant criminal appeal has been preferred against the judgment of conviction dated 27.09.2008 and order of sentence dated 30.09.2008 in Sessions Case No. 298 of 2007 / 99 of 2008 passed by the learned 2 nd Additional District and Sessions Judge, Dumka, whereby the sole appellant Somrai Hembram has been held guilty and convicted for the offence committed and punishable under Sections 302 / 201 of the Indian Penal Code and awarded rigorous imprisonment for life for the offence committed under section 302 of the Indian Penal Code and rigorous imprisonment for five years for the offence committed under section 201 of the Indian Penal Code. By the same impugned judgment, learned trial court has acquitted two other co-accused persons namely Miru Marandi and Churki Soren from the charges under sections 302/34 and 201 of the Indian Penal Code.

(3.) Prosecution case is based upon the fardbeyan of Kaya Soren (PW-5) recorded by the S.I. Ram Sunder Ram (PW-6), P.S. Jarmundi on 11.08.2007 at 9.00 Hrs. The informant has stated that he works as a farmer. Today on 11.08.2007, he is giving his statement before the police officer at 9.00 A.M. near the place of occurrence. Informant has stated that his daughter Kandani Soren @ Leelmuni was married two years ago, as per Santhali rites and custom with Somrai Hembram of village Kurum Tand. Informant has stated that from the said wedlock, they had blessed with a girl child namely Sonu Kumari. The informant has subsequently stated that his son-in-law has developed illicit relation with a co-villager Miru Marandi which was opposed by her daughter. The daughter of the informant namely Kandani Soren @ Leelmuni was assaulted and tortured by appellant Somrai Hembram and Miru Marandi. The informant has stated that a week ago, his daughter Kandani Soren, came to his house and stated that she will not go to Kurum Tand as she is being threatened by her husband, his concubine Miru Marandi and mother of Miru Marandi with dire consequences. They used to say that they will compel her to flee from the house. The informant has stated that a Panchayati was convened and his daughter came to her house. Informant has further stated that three days ago, his son-in-law came to the village Dharampur (Bantaria) and disclosed that Kandani Soren is not in the house and enquired whether she has come here. Upon which, the informant has replied that she has not come here and thereafter, the informant along with a co-villager Babulal Hembrom went to Kurum Tand village and started searching her here and there and in the well. In course of search, in the well situated in the northern side of village, the informant saw the dead body and identified the same as his daughter. Informant came to his village and informed the police on mobile. Informant has further stated that his son-inlaw along with Miru Marandi and Churki Soren have conspired together and have killed his daughter.