- (1.) All the four appellants, namely, Bechan Manjhi, Brinda Mandal, Bhero Rana and Anil Manjhi were put on trial to face charges under sections 302, 376(g)/511 read with section 34 of the Indian Penal Code on the allegations that they first made attempt to commit rape upon Pratima Kumari the deceased and then committed murder of her in furtherance of their common intention. However, the trial Court found the appellants guilty under Sections 376(g)/511 of the Indian Penal Code and also under Section 304 Part I read with Section 34 of the Indian Penal Code and sentenced each of them to undergo rigorous imprisonment for ten years on each count and the sentences were ordered to be run concurrently.
(2.) The case of the prosecution is that on 11-3-1999 at about 2 P.M. Sukhi Devi, the informant (P. W. 3) was having meal along with her daughters, namely, Jermani Devi Rabina Devi and Pratima Kumari, aged about 13 years. Pratima Kumari finished her meal first and then went away. When she did not return home, Sukhi Devi set out in search of her along with her daughters and in course of search, when they came about one kilometer away they saw Pratima Kumari lying on the ground unconsciously at a lonely place and they also saw blood coming out from near both her eyes and when Sukhi Devi sprinkled water over her face, she started screaming and weeping, as a result of which several villagers assembled over there and they also noticed underpant of Pratima Kumari lying over there and also saw a piece of plough stained with blood. Thereafter, Sukhi Devi with the help of villagers brought her daughter home where Pratima Kumari died. It was suspected by the informant that some body must have attempted to commit rape upon her and when they failed in their attempt, they committed murder by assaulting with a piece of plough. Thereafter Sukhi Devi (P.W.3) gave her Fardbeyan (Ext.3) at her village which was recorded by one B. D. Mishra, the then Sub-Inspector of Police of Ramgarh Police Station on 11-3-1999 at about 8.30 P.M. On the basis of said Fardbeyan, a case was registered and the matter was taken for investigation by the said B. D. Mishra (P. W. 11). On the same day he prepared production-cum-seizure list (Ext. 5) when underpant of the deceased as well as said piece of plough was produced before him and on the next day, i.e., 12-3-1999 he made inquest on the dead bddy of the deceased (Pratima Kumari) and prepared Inquest Report (Ext. 6).Thereafter dead body was sent for post mortem examination. Dr. Sitaram Sah, (P.W. 10) Civil Assistant Surgeon, Sadar Hospital, Dumka did autopsy on the dead body of the deceased and found the following antimortem injuries. Whole of the scalp including forehead and upper eye lids were found swollen and bluish. In dissection - muscle and subcutaneous tissues of scalp and forehead were found ecchymosed. On further dissection parietal and temporal bones of both sides were found fractured. No other injury either external or internal was found present on the body including on the private parts. Doctor issued post mortem examination report (Ext. 2) with an opinion that death occurred due to shock and haemorrhage on account of injury mentioned above which was sufficient to cause death in ordinary course of nature.
(3.) It is also the case of the prosecution that when Parmeshwar Manjhi (P. W. 6), who at the relevant time was surpanch of the village came to know that the appellants have committed crime, he as well as Hari Prasad Manjhi (P. W. 7) the then Pradhan of the village convened a meeting on 17-3-1999 which was attended by Shingsheshwari Manjhi (P. W. 9), Nishi Kant Mandal (not examined), Chitlal Rana (not examined). Bengali Manjhi (not examined), Ghanshyam Mandal (not examined), Maheshwary Devi (P. W.8) and the accused persons were called in a Panchayati, who came and confessed their guilt before them in specific terms that while they were returning after taking bath they saw Pratima Kumari going towards a drain (nala) after easing herself for washing and then they finding her alone caught hold of Pratima Kumari but she started raising alarm which make them enraged and, therefore, they slapped her and in the meantime, the appellant Anil Manjhi assaulted with a piece of plough on the head of Pratima Kumari, as a result of which blood started coming out and then they fled away. The confession made by appellants was reduced to writing by Nishikant Mandal (not examined) and each of the appellants either put his signature or LTI. P.Ws. 6, 7 as well as other persons, namely, Maheshwary Devi (P.W.8), Singsheshwari Manjhi (P.W.9) and other persons who had participated in the panchayati also put signature on the said written confession made by the appellants. The confession made by the appellants which was reduced in writing has been adduced in evidence as Ext. 1 The said document had been handed over to the Investigating Officer at the police station.;