JUDGMENT :

Rajesh Kumar, J.

1. Heard learned counsel for the appellant, who has appeared through JHCLSC and learned A.P.P. representing the State.

2. The present appeal has been preferred against judgment of conviction dated 20.05.2025 and order of sentence dated 23.05.2025 passed in Sessions Trial No. 68 of 2021 arising out of Kowali P.S. Case No. 34 of 2020 corresponding to G.R. No. 1981 of 2020 by the learned District & Additional Sessions Judge-VII, East Singhbhum, Jamshedpur, whereby the appellant has been convicted for the offence punishable under Section 323 and 326 of the IPC and has been sentenced to undergo R.I. for 1 year under section 323 IPC and further sentenced to undergo R.I. for 5 years with a fine of Rs. 2000/- and in default of payment of fine, further S.I. for 1 month. All the substantive sentences have been directed to run concurrently.

3. The criminal law has been put into motion on lodging an F.I.R being Kowali P.S. Case No. 34 of 2020 by the informant before the Officer In-charge, Kowali Police Station, East Singhbhum on 08.08.2020.

The brief story as per the prosecution is that the informant-cum-prosecutrix was in love affair with the accused Bhuktu Hembram, who had sexually exploited her since last four years. When the prosecutrix pressurized him to solemnize marriage, the accused brought her to Kashiyabeda Jungle, strangulate her with her dupatta and thrashed a stone on her head, due to which she got unconscious. The accused finding her dead, fled away. Later on the villagers, on seeing the victim lying in the forest brought her in the village and informed to her relatives about the incident and also that the accused has also taken away Rs. 50,000/-. Subsequently, Kowali P.S. Case No. 34/2020 was registered under Sections 323, 341, 325, 307, 376 & 379 of the IPC. ASI Bittu Tuddu was entrusted with the investigation.

4. The Investigating Officer has submitted charge-sheet being Charge Sheet No. 45 of 2020 under Section 323, 341, 325, 307, 376 & 379 of the IPC against the sole accused Bhuktu Hembram. Accordingly, cognizance was taken vide order dated 22.12.2020 in connection with G.R. No. 1981 of 2020 and the case was committed to the Court of Sessions vide order dated 05.02.2021.

5. Accordingly, charge under Sections under Section 341, 323, 307, 325, 379 & 376(1) of the IPC was framed on 24.03.2021 against the accused which was explained to the accused- appellant to which he pleaded not guilty and claimed to be tried. The statement under Section 313 of the Cr.P.C. was recorded on 11.12.2024 in which the accused denied the allegations levelled upon him and claimed false implication.

6. To substantiate the prosecution charge, altogether eight (8) prosecution witnesses have been examined:

I. P.W.1(Meghlal Tuddu @ Mekhlal Tuddu) – He has deposed in his examination-in-chief that the incident is of 07.08.2020 in the evening at about 6 to 7 P.M. He has stated that Kunwar Hembram came before him and asked him to accompany him to Kashiyabera as he has got information that his sister is in critical condition. Thereafter they along with Manik Lal Tudu, Kunwar Hembram and Dulal Tuddu reached at the place of occurrence and found the victim lying in an injured condition and blood was oozing from her head. After putting a bandage, she was taken to the Sadar Hospital for treatment where she informed that accused- Bhauktu Hembram is responsible for her condition. He has sexually exploited her on false promise of marriage and when she pressurized him to get marry, he called her at the Kasiabera forest and during conversation strangulated her with dupatta and assaulted her with stone to which she became unconscious and finding her dead the accused fled away taking away her mobile and Rs.50,000/-. He denied to identify the accused present through V.C as he has only heard his name through the victim. In his cross examination, he has deposed that his testimony is based on hearsay facts and he has not witnessed the incident through