- (1.) This Cr. Appeal has been directed against the judgment of conviction and order of sentence dated 23rd June, 2006 and 28th June, 2006 passed by the IInd Additional Sessions Judge, East Singhbhum, Jamshedpur in Sessions Trial No. 255/328 of 2004, corresponding to G.R. No. 85/2004 (Telco P.S. Case No. 05/2004) whereby the appellant has been held guilty for the offence punishable under Ss. 302/376 of the Indian Penal Code and sentenced to undergo R.I. for life under Sec. 302 of the Indian Penal Code and R.I. for 10 years for the offence punishable under Sec. 376 of the Indian Penal Code and the sentences so passed shall run concurrently.
(2.) The case of the prosecution in brief is that on 17.01.2004 in the evening Runu Ghose, aged about 5 years, sister -in -law of the informant had gone to play outside of her quarter. She was found missing when a search was made to send her tuition. The informant with his friend Harjinder and nearby people started searching Runu Ghosh. In course of search they met with the appellant near Quarter No. 30 who asked the identity of informant and his friend and said that you people come to commit crime and we have to have face consequences. The informant and his friend noticed blood stain on the shirt of the appellant at that point of time. Thereafter the appellant left the place but search for Runu Ghosh continued by the informant and his companion. Harjinder Singh (P.W.9) entered in quarter No. 30 of D.V.C. Colony and found a girl half nude lying dead. Blood was oozing from her vagina too. The fact was immediately brought to the notice of the informant and other witnesses and they rushed to Quarter No. 30 and found dead body of Runu Ghosh lying in the kitchen of that vacant Quarter and she was having injury on her neck and vagina. It is further disclosed in the fardbeyan that Runu Ghosh was seen playing in the field where presence of appellant -Satendra Kumar Balimiki @ Bhalu @ Satender Kr. Balmiki was noticed by Sunil Kumar Ghosh. On the basis of fardbeyan of Pradyut Ghosh (P.W.1), East Singbhum, Telco P.S. Case No. 05/2004 dated 17.01.2004 under Ss. 376/302 I.P.C. was registered against the appellant. Investigation was carried out, the appellant was apprehended, on the basis of confession made by appellant, his underwear and shirt stained with blood were recovered. Before the police and witnesses, the appellant had given his confessional statement in which he had admitted that he had committed rape on Runu Ghosh and then killed her. The Investigating Officer after due investigation submitted charge -sheet and accordingly cognizance was taken and the case of the appellant was committed to the court of sessions and registered as S.T. No. 255/2004. Charges under Ss. 376 and 302 of the Indian Penal Code were framed to which he pleaded not guilty and claimed to be tried.
(3.) The prosecution in order to substantiate the charges examined altogether 11 witnesses including the Informant, Investigating Officer, Doctor and further proved documents like inquest report, seizure list, postmortem report and fardbeyan etc. The learned Additional Sessions Judge at the conclusion of trial held the appellant guilty for the offence punishable under Ss. 376 and 302 of the Indian Penal Code and sentenced him as indicated above.;