- (1.) Both the appeals arising out of the same judgment were heard together and are being disposed of by this common judgment.
(2.) These two appeals are directed against the judgment of conviction dated 13.8.2004 and order of sentence dated 16.8.2004 passed by the Additional District and Sessions Judge, F.T.C.No.II, Gumla in S.T.No.108 of 2001 whereby and whereunder the court having found the appellants guilty for committing murder of 12 years old girl, Munni Kumari after committing gang rape upon her and for also committing murder of Basant Oraon convicted them for the offence punishable under Section 376(2)(g) and 302/34 and also 201/34 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for life for the offence punishable under Section 302/34 of the Indian Penal Codeand further to undergo rigorous imprisonment for ten years with a fine of Rs.10,000/- for the offence punishable under Section 376(2) (g) and further for five years for the offence punishable under Section 201/34 of the Indian Penal Code with default clause.
(3.) The case which the prosecution initially made out is that Basant Oraon, aged about 18 years, Munni Kumari, aged about 12 years and Munna Oraon (P.W.8), aged about 7 years, sons and daughter of the informant, Jagarnath Ram (P.W.13) had gone in the night of 17.11.2000 to the field for keeping watch over the paddy. They slept in the night over the 'Machan'. Early morning at 5 A.M. on 18.11.2000, Munna Oraon came home and informed to the father, Jagarnath Ram (P.W.13) and also to the mother, Nilmani Devi (P.W.7) that some miscreants have killed Basant Oraon and Munni Kumari. On getting this information, the informant (P.W.13) came to the field along with his wife, Nilmani Devi (P.W.7) and sister-in-law (Bhabhi) where villagers also reached. They during search found blood mark near a well and hence, suspected that the dead bodies may have been drowned in the well. Upon search being made, they were able to recover the dead body of Basant Oraon but did not find the dead body of the daughter Munni Kumari. In course of further search, they found an under pant of Munni Kumari near a well belonging to Baila Oraon. There they also found blood mark over the well. When search was made, dead body of Munni Kumari was found which was taken out. They suspected that miscreants before committing murder must have committed rape upon her. Thereafter, the informant went to Ghaghra Police Station and gave his Fardbeyan which was recorded by Officer-in-Charge, Pramod Ranjan (P.W.16). While giving fardbeyan about the incident stated above, they suspected hands of these appellants Augustine Oraon, Anil Oraonand Dhondhe Oraon and also suspected the hands of Ram Oraon and Ede Oraon @ Nanka Oraon, co-villagers.;