- (1.) Heard, learned counsel for the appellant and learned A.P.P. for State.
(2.) The sole appellant stands convicted for the offence under Section 302 of the I.P.C. and sentenced to undergo imprisonment for life, vide the impugned judgment and order of sentence dated 02.08.1996 passed by the learned Additional Session Judge, Seraikela, in Sessions Trial No. 222 of 1992.
(3.) The F.I.R. was instituted on the basis of the fardbeyan of informant, Munni Bankira (P.W.-3) inter-alia containing the following allegation: That on 26th June, 1991 at noon in Lepso Forest under Galudih mouza, P.S. Kuchai, District- West Singhbhum, informant alongwith her maternal grandmother Manjhari Kui (deceased) were plucking Biri leaves. Besides them Manjhari Samad, her mother, Topkai Samad, Santi Bankira and Sukun Samad were also plucking Biri leaves. All of a sudden accused Biswanath Bankira and co-accused Dubrai Pariya arrived there. Accused Biswanath Bankira/appellant was armed with axe and knife. Just after their arrival Biswanath Bankira assaulted on the head of Manjhari Kui with the back portion of the axe (kulhari), thereafter informant and others started fleeing away. Dubrai chased and caught her and brought to the place where her grandmother had been assaulted. She saw that her grandmother was dead. Accused Biswanath Bankira threatend that he would also murder the informant but the other accused Dubrai did not accede to that. Thereafter, accused Biswanath Bankira left the place and co-accused Dubrai Pariya dragged the informant up to some distance, fell her on the ground and committed rape and threatened her with murder. Thereafter Dubrai also left the place. Informant returned to her home and narrated the occurrence to her parents and aunt. Thereafter informant alongwith her father Tanko Bankira and uncle Jagmohan Bankira (P.W.-4) went to Lapso Forest to see the dead body of Manjhari Kui. They brought the dead body to Bindi Gutu in order to save it from the prey of wild animals. Her uncle Jagmohan remained there to watch the dead body and the informant alongwith her father reached the Kuchai police station where the instant F.I.R. bearing No. 22 was lodged at 15 Hours on 26.06.1991. Informant also alleged that two months prior to the occurrence son of the accused Biswanath had died due to illness and thereafter he used to say that Manjhari had killed his son.;