RAJU Vs. STATE OF HARYANA

JUDGEMENT

(1.) In Sessions Case No. 7 of 1997 after appreciating the evidence, the Sessions Judge, Gurgaon by order dated 7-9-1999 convicted the appellant for the offence punishable under Sections 302, 376 and 363, I.P.C. and sentenced him to death under Section 302, to 7 years rigorous imprisonment under Section 376 and 3 years rigorous imprisonment under Section 363. The High Court of Punjab and Haryana at Chandigarh by order dated 26th April, 2000 in Murder Reference No. 3 of 1999 and Criminal Appeal No. 463-DB of 1999 confirmed the conviction and sentence. That judgment and order is under challenge in this appeal.

(2.) It is the prosecution case that Rinku aged about 11 years was missing from the evening of January 5, 1997. Her body was found on the next day at about 6.30 a.m. The prosecution story as revealed by PW1 Ram Kewal was that he lodged the FIR at 7.30 a.m. on finding the dead body of Rinku near the bushes at Medical College ground. It is his say that on 5-1-1997, she had gone out of the house at about 6.00 p.m. to bring milk. After she brought milk, he saw Raju (accused) offering toffees to Rinku and other children. PW2 Makhan Lal a neighbour had also seen Rinku and Raju going towards Chandan Nagar. As Rinku had not returned till 9.00 p.m., they looked for her as well as Raju throughout the night. In the morning they found the dead body of Rinku. Blood stained brick and blood was also found lying on the spot. Immediately, after asking PW2 to wait at the scene of offence, PW1 Ram Kewal reached at the Gurgaon Police Station and lodged the FIR at about 7.30 a.m.

(3.) Further prosecution version is that on 6-1-1997 accused contacted PW3 Subhash Sharma and made confessional statement to him that he committed rape and murder of Rinku near the boundary wall of college building. He stated that he caused injury to the deceased by the brick on her head and mouth as the deceased stated that she would report at the house with regard to the rape committed by him. Accused sought his help to save him. It is the say of the witness that when he was taking the accused towards the police station, the uncle of the girl and the police met him and he handed over the accused to the police. After completing the necessary investigation, the accused was charged and convicted as stated above.