S.J.MUKHOPADHAYA,J - (1.) . While the Death Reference No. 4 of 2000 has been made under Section 366 of the Criminal Procedure Code against the judgment and order of conviction passed by the learned 4th Additional Judicial Commissioner, Ranchi on 11th December, 2000 and sentence passed on 12th December. 2000 in Sessions Trial No. 744 of 1998. connected Criminal Appeal Nos. 19 and 106 of 2001, have been preferred by the appellants Golo Dom and Usha Loharin respectively against the aforesaid judgment and order of conviction. The learned Sessions Judge while convicted both the appellants for offence under Section 302/34 and 307/34, I.P.C. came to the conclusion that capital punishment is warranted under the facts and circumstances being rarest of the rare and, accordingly, awarded death sentences in respect to both the appellants.
(2.) THE prosecution case, in brief, is that the informant Birsu Munda, a resident of Dhaudha Bongaeen Bera, P.S. Angara, District -Ranchi, was a labourer in one Aara Mill (Saw Mill) near Hindpiri, Town Ranchi and was residing in a rented house near Namkum Railway Station. On 19th May, 1998, his wife came to him at Namkum from their native village leaving three children in native village home, namely, married daughter, Rukmini Kumari, aged about 16 years; youngest daughter Shanti Kumari. aged about seven years and the son Krishna Munda, aged six years. On the next day, a co -villager of informant, namely, Shyamdeo Oraon came to him at Namkum and told that the accused (Appellant) Golo Dom and Usha Loharin had gone to his native house, stayed there in night, murdered the daughter of informant Rukmini Devi and brutally assaulted the other daughter Shanti Kumari. After having heard the news, the informant went to his native house and saw the dead body of his daughter Rukmini Devi lying with multiple injuries. There were numerous injuries on her legs, abdomen and the entire intestine had come out. His other daughter Shanti Kumari was also fighting with life and death having sustained grievous knife injury on her neck and she was crying in pain. The son of the informant, namely, Krishna told the informant that in the earlier day evening on 19th May, 1998 at about 6 p.m., the accused -appellant Golo Dom and Usha Loharin had come there and stayed there at night after taking food. The son of the informant Krishna further told him that both the accused had daggers (Chhuras) in their hands and both of them gave several Chhura blows on the persons of married daughter Rukmini Devi and cut the neck of Shanti Kumari, who was still alive and crying in pain. The son of the informant Krishna concealed himself in fear beneath a cot (Khat) after rapping himself in a rag (Lethra) and from there he watched the whole occurrence. When both his sisters stopped crying, both the accused fled away. Further case of the prosecution is that the informant and appellant Golo Dom were known to each other for the last five to six years and had their family relations because of which earlier the appellant Golo Dom frequently used to come and stay in the house of the informant. The children of the informant were also known to the appellant Golo Dom. The dead body of the elder daughter Rukmini Kumari was lying at the place of occurrence and the informant had taken away his injured daughter Shanti Kumari for her medical treatment. But during the course of her treatment, Shanti Kumari also succumbed to the injuries. F.I.R. was registered on 20th May. 1998 at 11.20 hrs. under Sections 302, 307, 341, 324/34, IPC against both the appellants. The police on conclusion of investigation submitted charge -sheet under Sections 302, 307, 341, 326 and 34 of the IPC against both, cognizance was taken by CJM, Ranchi against both and subsequently the case was committed to the Court of Session.
(3.) ALTOGETHER . 12 witnesses were examined on behalf of prosecution, Krishna Munda (PW 2), son of the informant Birsu Munda was produced as eye -witness. Muni Lal Karma @ Mani Lal Lohar (PW 1) ; Ram Das Oraon (PW 3); Birsu Munda (PW 7); Golo Devi (PW 8), wife of informant are material hearsay witnesses, apart from Ringo Kumari (PW 5) daughter of informant; Janak Kumar (PW 6) ; Paras Nath Munda (PW 9), who also supported the case of the prosecution.;