- (1.) THE appellant -Vishesh Mahto @ Dhena was put on trial in Sessions Trial No. 579 of 2008 on the charge of committing rape upon Mahrani Kumari, aged about 11 years, and then killing her and also for causing disappearance of the evidence of the murder and rape. The Additional Judicial Commissioner -III -cum -FTC (CAW), Ranchi having found the appellant guilty of all the charges recorded the judgment of conviction dated 30.9.2013 and awarded death sentence to the appellant -Vishesh Mahto @ Dhena vide order dated 3.10.2013. Being aggrieved with the judgment of conviction and order of sentence, an appeal has been preferred on behalf of the State, whereas the court referred the matter under section 366 Cr.P.C. for confirmation of the order upon which Death Reference (D.B.) No. 04 of 2013 has been registered. Accordingly, Reference as well as Appeal were heard together.
(2.) THE case of the prosecution is that on 08.05.2008, the informant -Lal Nand Kishor Nath Sahdeo (P.W. 13) was there in his house along with his family members including his daughter -Mahrani Kumari, aged about 11 years. In the afternoon, it was raining. When it stopped raining Mahrani Kumari at about 3 p.m. came out of the house to come to an orchard for picking up mangoes and litchis but she did not return till 5 o'clock. The informant along with other villagers set out in search of her but they did not find Mahrani Kumari in the village. On the next day i.e. on 9.5.2008 also, they were not able to find out the girl. On 10.5.2008 at about 8 a.m. when Raghu Oraon (P.W. 9) was taking out water from his well, he did notice a dead body floating over the water. He informed to the informant -Lal Nand Kishor Nath Shahdeo (P.W. 13) who along with others went there and took out the dead body and found the dead body as that of Mahrani Kumari. They also noticed the injuries on the person of the deceased and, therefore, the informant suspected that somebody after killing her daughter threw the dead body in the well. Meanwhile, one Garib Mochi (P.W. 14), Inspector of Police of Bero Police Station, when received information that a dead body of a girl has been recovered from his well, he went there and recorded the fardbeyan (Ext. -6) of the informant -Lal Nand Kishor Nath Sahdeo (P.W. 13) upon which a formal FIR (Ext. -7) was drawn. The Investigating Officer -P.W. 14 undertook the investigation, during which he held inquest on the dead body and prepared an inquest report (Ext. 4/A). Thereupon, the Investigating Officer sent the dead body for postmortem examination, which was conducted by Dr. Ajit Kr. Chaudhary -P.W. 3., who upon holding autopsy on the dead body did find the following injuries on the persons of the deceased: "Abrasion (i) 1/2 x 1/2 cm on lateral side and middle part of left arm. (ii) 1 x 1/2 cm on back of left elbow. Lacerated wound (i) 4 x 1/2 cm x soft tissue over left eyebrow. (ii) 2 x 1/2 cm x bone deep on the bridge of nose with fracture of nasal bone. (iii) 4 x 1/2 cm x soft tissue on left upper lip. (iv) 1/2 x 1/2 cm x bone deep over left side of chin with fracture of the underlying mandible bone. Internal: - - Fracture of left side of maxilla was found with presence of blood and blood clot mixed with brain matter with the undergoing decomposition. Genital Organ: - - Hymen was completely torn from the rim with presence of blood stain and the surrounding area was contused and reddish in colour. The doctor (P.W. 3) issued postmortem examination report (Ext. 2) with an opinion that the injuries were ante -mortem in nature and have been caused by hard and blunt substance and that the death occurred due to head injury associated with shock and hemorrhage. Meanwhile, the Investigating Officer recorded the statements of the witnesses. In course of investigation, the Investigating Officer got the statement of P.W. 4 -Pawan Baitha and P.W. 7 -Maru Oraon recorded by a Magistrate -Amit Shekhar (P.W. 12), under section 164 Cr.P.C. On their disclosure when this appellant was arrested, he is said to have confessed before the police and that confession made by the appellant led to recovery of a Tangi used in commission of the offence of murder and was seized under the seizure list (Ext. 1/A)." On completion of the investigation, against this appellant, charge -sheet was submitted upon which cognizance of the offence, as aforesaid, was taken against this appellant. So far the other accused namely, Ranjit Singh, is concerned, investigation was kept open. When the case of this appellant was committed to the Court of Sessions the appellant was put on trial.
(3.) DURING trial, the prosecution in order to prove its case examined altogether 14 witnesses. Of them, P.W. 1 -Raju Oraon has testified that when Mahrani Kumari, daughter of the informant, went missing, he along with others searched her for two days but did not find any trace of the girl. On 10.5.2008 the dead body was found floating in a well which was taken out in presence of P.Ws. 5, 8 and 9 who have also testified in the same manner. P.W. 2 as well as P.Ws. 9 and 10 are also the witnesses to the seizure of Tangi from behind the bush. P.W. 4 - Pawan Baitha and P.W. 7 - Maru Oraon, on whose testimonies entire case of the prosecution hinges, have testified that while they were grazing their cattle in an orchard, the appellant came and asked as to whose daughter the girl (Mahrani Kumari) is? When they disclosed about the name of father of the girl, the appellant went towards her. After sometime, they heard sound of screaming of the girl. They also saw the appellant assaulting the girl with Tangi. While they were about to leave the orchard, the appellant came to them and held out threat not to disclose anybody otherwise they will have to face consequences. P.W. 13 -Lal Nand Kishor Nath Sahdeo happens to be the informant who did testify in the same manner as he had made statement in his fardbeyan (Ext. 6).;