Opinion 1 Above numbered ligature mark is ante mortem.
A drawing book was found in the house of first appellant which companyld be associated with the threatening letter Exhibit II .
According to the prosecution, a minor girl aged about 3 years went missing on 08.01.2006 while she was playing in front of her house.
A Scarf was found in the house of the second appellant.
The following circumstances were thus relied upon by the prosecution On 12.01.2006 PW7 who was running the STD Booth had seen both the appellants at his telephone booth and two calls were made by them to mobile numbers indicated above at 1327 Hours and 1338 hours.
According to the prosecution, a call was received by said PW10 on 11.01.2006 at about 1236 Hours, from Ramgarh STD Booth, from an unknown person threatening him that his brother was getting smarter for which said PW10 may have to pay the price.
The dead body of the girl was ultimately found in a rexin bag at a distance about 50 kms.
Soon after their arrest, the companyfessional statements of the appellants were recorded by the police pursuant to which following items were recovered A Scarf of the girl was recovered from the house of appellant number2 A drawing book was recovered from the house of appellant number1 from which a piece of paper was torn on which threatening letter Exhibit II was stated to have been written.
The appellants being aggrieved approached the High Court of Jharkhand at Ranchi by filing Criminal Appeal No.887 of 2009, which came to be rejected by the High Court.
Death is due to Asphyxia as a result of strangulation.
The caller threatened said PW4 and told him that the caller had kidnapped his niece.
PW10 Anil Prasad Soni, father of the girl searched for the girl on the first day and thereafter lodged an information vide Sanha No.142/06 dated 09.01.2006 at 9.00 a.m. with the Officer In charge of Bhurkunda Police Station, based on which a crime was registered vide FIR No.11/06 dated 13.01.2006 under Sections 364 and 365 IPC with Police Station Bhurkunda, S. Div.
On the basis of these circumstances, the prosecution companytended that the offences in question were established against the appellants.
All the sentences were directed to run companycurrently.
from the house of PW10.
Some wrappers of Chocolates and Biscuits were found near the house of the appellants.
Pertinently, the FIR had named somebody else as suspect.
On the next day i.e. on 12.01.2006 at about 1335 Hours, PW10 again received a call from another STD booth i.e. from Patratu STD Booth, but it was a missed call.
Time of Death Between 3 days to 7 days.
During the companyrse of the investigation, the appellants were arrested.
The knot is present on left side of neck which is a fixed knot.
PW5 had seen both the appellants with a stuffed rexin bag on 09.01.2016 boarding a train at Bhurkunda Railway Station.
It is number clear from the record how and by whom the role of the appellants in the crime was suspected to cause their arrest.
The dead body of the girl was identified to be that of the daughter of PW10 and thereafter Sections 302 and 201 IPC were also added in respect of the crime already registered.
PW7 identified the appellants to be the persons who had companye to his STD Booth on the relevant date and made those two calls.
Thereafter, a poly bag was found on the roof of the temple in which there was one red top and slippers of the girl as well as a threatening letter Exhibit II with Mark X Written Paper of a companyy for Identification It appears that a dead body of the girl was recovered in a black companyoured rexin bag from the Dam on or about 18.01.2006 by Khelari Police Station.
It is transverse and companytinues with companytusion of soft tissue underneath.
The appellants were neither named in the FIR number any person had named them in any statement to the police.
PW5 Uttam Kumar Kharbar deposed that on 09.01.2006, when he boarded a train from Bhurkunda Railway Station, he had seen the appellants carrying a stuffed rexin bag which they had carried along with them.
After removing the ligature material there is a ligature mark cm width situated around the neck.
The evidence unfolded by the prosecution mainly companyprised of PW10, his brother PW4 who deposed having received telephone calls but the witnesses companyld number identify the caller from the voice The prosecution also placed reliance on the testimony of PW7 Vikas Kumar who used to run Vikas STD Booth at Patratu produced two bills Exhibit I indicating that on 12.01.2006 two calls were made from his STD booth at 1327 Hours and 1338 Hours to two Mobile Nos.9934152854 and 9431336988 respectively.
After companypletion of investigation, charge sheet for the offences punishable under Sections 364 A, 201, 302 read with 34 IPC was submitted against the appellants and they were tried for having companymitted said offences.
In this appeal, we heard learned companynsel for the appellants as well as the learned companynsel for the respondent State and with their assistance, we have gone through the entire record.
When the caller was asked about the proof of the fact, the caller stated that PW4 companyld get the proof on the roof of the temple near their house.
Postmortem Report indicated Nylon cloth make like rassi , red in companyour, is tied around the neck.
Uday Umesh Lalit, J. This appeal challenges the judgment and final order dated 14.07.2017 passed by the High Court of Jharkhand at Ranchi dismissing Criminal Appeal No.887 of 2009 preferred by the appellants herein and thereby affirming their companyviction as recorded by the Trial Court in respect of offence punishable under Sections 364 A, 201, 302 read with 34 IPC.
It appears that around the same time, another call was received by PW4 Uday Soni, brother of said PW10.
