- (1.) Heard learned counsel for the appellant and the learned counsel for the State.
(2.) The sole appellant is aggrieved by the impugned Judgment of conviction dated 18.03.2011 and Order of sentence dated 25.03.2011, passed by the learned Sessions Judge-cum-Special Judge, Gumla, in G.R. No. 507 of 2007, arising out of Basia P.S Case No.58 of 2007, whereby, the appellant has been found guilty and convicted for the offences under Sections 376 and 302 of the Indian Penal Code, and Section 3(1)(xii) of the S.C & S.T (Prevention of Atrocities) Act. Upon hearing on the point of sentence, the appellant has been sentenced to undergo R.I for life and fine of Rs.1,000/- for the offence under Section 302 of the Indian Penal Code, R.I for eight years and fine of Rs.1,000/- for the offence under Section 376 of the Indian Penal Code, and R.I for two years for the offence under Section 3(1)(xii) of the S.C & S.T (Prevention of Atrocities) Act, and all the sentences were directed to run concurrently.
(3.) The prosecution case was instituted on the basis of the fardbeyan of the deceased herself, while she was alive, which was recorded on 01.06.2007, at about 11:00 P.M., in the night, at Referal Hospital, Basia, District Gumla, wherein she has stated that her neighbor, Prem Sao, i.e., the accused, used to commit rape upon her on false assurance of marrying her for the last three years. On 01.06.2007 at about 7:00 P.M., while she was studying in her house in the light of a lamp, the accused came there and scolded her, saying that she used to roam in the village at night, and he put off the lamp and assaulted her by feet, due to which, she fell down and thereafter, he poured the kerosene oil on her and put her to fire by a lighter, due to which, she was badly burnt. Thereafter, her cousin Bishnu Kharia, her uncle Laxman Kharia and other villagers brought to her to Referal Hospital, where she was undergoing treatment. She has stated that her parents were already dead and she has two younger brothers, who were not present in the House. She has also stated that being a tribal girl, the offence had been committed upon her by the accused. On the basis of her fardbeyan, Basia P.S Case No.58 of 2007, corresponding to G.R No.507 of 2007, was instituted against the sole accused, for the offences under Sections 448, 376, 326 and 307 of the Indian Penal Code, and Section 3 of the S.C & S.T (Prevention of Atrocities) Act, and investigation was taken up. In course of treatment, the deceased died at RIMS, Ranchi. After investigation, the police submitted the charge-sheet against the accused, in the case.;