- (1.) This appeal has been directed against the judgment of conviction and order of sentence dated 29.08.2006 passed by the Addl. Sessions Judge, F.T.C. -VI, Hazaribagh in connection with Sessions Trial No. 254/2005, corresponding to G.R. No. 1852/2004 (arising out of Giddi P.S. Case No. 45/2004) whereby the appellant -Santosh Kumar Satnami @ Bangta has been held guilty for the offence punishable under Ss. 302/376 of the Indian Penal Code but stood acquitted for the offence under Sec. 364 of the Indian Penal Code. The appellant has been sentenced to undergo R.I. for life and also to pay fine of Rs. 5,000/ - under Sec. 302 of the Indian Penal Code and in default of making payment of fine further imprisonment for one year. He has also been sentenced to undergo 10 years R.I. under Sec. 376 of the Indian Penal Code and also to pay fine of Rs. 5,000/ - and in default of making payment of fine further imprisonment for six months.
(2.) The prosecution case as it appears from the fardbeyan of Faguni Devi recorded on 08.08.2004 at about 8 hours in brief is that on 07.08.2004 at about 8 p.m. the appellant - Santosh Kumar Satnami @ Bangta in a drunken state reached to the house of the informant. It is disclosed that the appellant was in visiting terms to the house of the informant. Doli Kumari, aged 04 years, who happens to be grand daughter of the informant was familiar with the appellant -Santosh as he was pleasing her by giving Chocolate and Biscuit whenever he used to come. On that very date he took Doli Kumari with him in order to give her Chocolate but did not return. Doli Kumari was not traced out till night. In course of making search, the informant could learn from Safique Mian that dead body of Doli Kumari is lying within a bush near Tipla Mines. The informant with her family members rushed to the place and found Doli Kumari lying dead in naked condition. Injuries on her vagina and neck were noticed by the informant and other witnesses. Thereafter fardbeyan of Faguni Devi was recorded and a case being Ramgarh (Giddi) P.S. Case No. 45/2004 dated 08.08.2004 under Ss. 302/201/376 of the Indian Penal Code was registered against Santosh Satnami. Investigation was carried out and the appellant was apprehended. After the appellant was arrested, he gave his confessional statement disclosing involvement of one more accused Golkuj Marandi @ Manjhi. After due investigation charge -sheet against both the accused was submitted, cognizance was taken and the case was committed to the court of sessions and registered as Sessions Trial No. 254/2005.
(3.) The appellant -Santosh Kumar Satnami @ Bangta along with co -accused Golkuj Marandi @ Manjhi was put on trial. The prosecution in order to substantiate charges, examined altogether 07 witnesses whereas no witness on behalf of the defence was examined. The learned Addl. Sessions Judge at the conclusion of trial did not find sufficient material against co -accused Golkuj Marandi and accordingly acquitted him from all the charges levelled but held the appellant guilty for the offence punishable under Sec. 302 and Sec. 376 of the Indian Penal Code and sentenced as indicated above and hence this appeal from jail.;