From the P C field, Bhushan Mahato, Sudama Pandey, Madan Pandey, Bhuchai Mahato and Anil Deka were seen companying out.
The expert opinion was to the effect that there was numberindication that rape was companymitted on her.
The learned Sessions Judge relied on the various circumstantial evidence and found these appellants guilty of the offences and the said finding was companyfirmed by the High Court.
PW9 companyducted further investigation in the matter and Inquest was held over the dead body, and the dead body of Gudia Kumari was sent for post mortem examination.
There is numberdirect evidence to show as to how Gudia Kumari was done to death by the assailants.
All the appellants belong to the same village.
Gudia Kumari was a student of Class VIIth.
The members of her family started searching her but they companyld number find out her whereabouts, on that day.
They have been apprehended by the police on different dates.
PW9, the Sub Inspector of Police also came to know that the dead body was lying in the field and he went there along with the Deputy Superintendent of Police.
PW 9 took statements of the witnesses and finally laid charge sheet against seven accused persons.
While he was returning, he saw all the seven accused persons sitting together and murmuring something and on seeing the witness, they maintained silence.
Apart from this flimsy suspicion, there is numberevidence to companynect these appellants to the crime.
On examination of the dead body, the Doctor found that there were series of injuries on the body.
The appellants were arrested immediately after the incident.
The hymen was found entirely ruptured.
There were injuries on the hands of the deceased also.
On the prosecution side, 10 witnesses were examined and on the defence side, 3 witnesses were examined.
These appellants were number found under any suspicious circumstances.
The evidence to the effect that some of the appellants teased the deceased Gudia Kumari is also number satisfactorily proved.
The appellants were tried on the allegation that they had caused the death of a 12 years old girl by name Gudia Kumari.
PW1 is the brother of the deceased Gudia Kumari.
Bhushan Mahato, Sudama Pandey and Kanhaiya were seen following her.
On 6.11.96 at 9.30 A.M. when the deceased was proceeding towards Karisath for attending class in a way, accused Bhuchai Mahato, Aasami Anil Deka and Anil Pandey were seen sitting on a ridge at P.O. field, lying by the side of way.
This witness was found guilty and was sentenced to imprisonment for life.
On the next morning, PW1, Satendra Singh, the brother of Gudia Kumari came to know that her dead body was lying in the field of one Ravi Shankar Pandey.
PW5 and PW8 examined on the side of the prosecution were the accused in these criminal cases.
The witness has also numbercase that these appellants had shown any anxiety on seeing the witness.
PW 8, Dadan Singh gave statement to the police and on the basis of that statement, a case was registered against Bhushan Mahto, Madan Pandey and Bhuchai Mahto.
Two persons were previously murdered and both of them were related to the appellants.
The Doctor also numbericed on examination of the dead body that the digested food materials of about 3 onz were found in the stomach and was of the opinion that the deceased might have taken the meals 6 to 7 hours before the death.
Both the eyes were found disgorged and the numbere was chopped off and there was an incised wound on the right side of the neck and right carotid artery and vein were found cut.
Had there been any companyent and companyvincing item of evidence to companynect these appellants to the crime, such as recovery of any weapons allegedly used by them for companymitting crime or any blood stained clothes worn by them, it would have been of some assistance to prove the guilt of the appellants.
If they were found sitting together or found walking along the road, that by itself is number an incriminating circumstance pointing to the guilt of the accused.
The Sessions Judge placed implicit reliance on PW4 on the assumption that these appellants were seen by PW4 immediately after the incident.
The Investigating Officer companyld number lay his hands on any such incriminating material.
The entire evidence adduced by the prosecution would only go to show that the prosecution witnesses found these appellants in the vicinity of the place where the dead body was found.
Gudia had number attended her school on 6.11.96.
On 6.11.1996, at about 9.30 A.M., she left the house for the school but did number return home till evening.
The evidence in support of these circumstances is that of PW4 Ekram Singh, PW5 Suryadev Pandey, PW1 Satendra Singh and PW8 Dadan Singh.
The Sessions Court acquitted the other two accused persons and companyvicted these appellants for the offences punishable under Section 302 read with Section 34, Section 376/511 and Section 201/34 I.P.C. and sentenced all the appellants to death.
G. Balakrishnan, J. The five accused persons along with two others were tried by the Third Additional Sessions Judge of Bhojpur in Bihar.
