KHORA BOURI Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal appeal has been directed against the judgment of conviction and order of sentence dated 22nd May, 2007 and 24th May, 2007, respectively, passed by learned 2nd Additional Sessions Judge, Jamtara in connection with Sessions Case No. 102 of 2003/18 of 2004, corresponding to G.R. No. 56 of 2003, arising out of Jamtara, Nala P.S. Case No. 11 of 2003, whereby sole appellant has been held guilty for the offence punishable under Sec. 302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life.

(2.) The fact, emerging from the first information report lodged by Mantu Bouri, is that on 23rd February, 2003, at about 10:00 a.m., victim Rekha Bouri (daughter of the informant) left home to see her mother towards road side, but did not return home alive. When wife of the informant returned home from the market, she was asked whereabouts of Rekha, but she expressed her ignorance. A search was made by the parent but they failed to trace out Rekha. On 25th February, 2003, at about 3:00 p.m. Batu Bouri, wife of Jadu Bouri, informed that she had seen dead body of Rekha Bouri, lying on Hasi Hillock. Receiving such information, the informant along with his relatives went to the place of occurrence and found dead body of Rekha in naked condition. Blood was oozing from her private part. Some lower parts of the body were burnt. Her undergarment was also near the place. The matter was reported to police. The informant has raised suspicion against appellant -Khora Bouri and co -accused Gorachand Bardhan, who had tried to outrage the modesty of Rekha Bouri on earlier occasion.

(3.) Co -accused Gorachand Bardhan could not be apprehended, but the appellant -Khora Bouri was arrested and he confessed his guilt before the witnesses and the police. The confession of the appellant was recorded by the police and he was also produced before the Magistrate and again confessional statement under Sec. 164 Cr.P.C. of the appellant was recorded. On the basis of confession made before police, one cotton towel used for strangulating the deceased, was recovered.