S. Chandrashekhar, J. - (1.) Aggrieved of judgment of conviction and sentence, both dated 01.04.2015 passed in Sessions Trial No. 462 of 2005, the appellant has preferred the present Criminal Appeal (DB) No. 271 of 2015 under section 374(2) of Code of Criminal Procedure.
(2.) The prosecution case unfolds in the fardbeyan of Sukra Marandi who is father of the deceased-Budhni Devi. He has stated before the Officer-in-Charge of Bengabad police station that on 16.04.2005 his daughter had gone to forest for picking up forest wood. When he came back home he found his wife weeping, who informed him that Budhni Devi has not come back home. The informant alongwith the villagers went to forest in search of his daughter when he found Bishun Soren, Arjun Marandi, his son and Churki Devi bringing dead body of his daughter-Budhni Devi. On enquiry they told him that Samoli Devi has informed them that accused-Jitan Marandi outraged the modesty of Budhni Devi and when she complained of this to Samoli Devi, Jitan Marandi killed her by strangulating with saree.
(3.) On the basis of the fardbeyan of Sukra Marandi First Information Report being Bengabad P.S. Case No. 43 of 2005 was registered on 17.04.2005 against the appellant-Jitan Marandi under section 376, 302 and 201 IPC. After the investigation a charge-sheet was submitted against the accused-appellant and the court took cognizance of the offence under section 376, 302 and 201 IPC. Charges were framed against the accused vide order dated 13.02.2006 for the aforesaid offences, to which the accused pleaded not guilty and claimed trial.;