JAGTA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal by special leave by Jagta alias Jagdish (34) is directed against the judgment of the Punjab and Haryana High Court affirming on appeal and reference the conviction of the appellant under S. 302, Indian Penal Code for causing the death of Phul Pati (23) and the sentence of death. The appellant was also convicted by the trial court under S. 376, Indian Penal Code and was sentenced to undergo rigorous imprisonment for a period of eight years, but the High Court altered the conviction on that score to that under Section 376 read with S. 511, Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of two years.

(2.) Phul Pati deceased was the daughter of PW Roopa of village Guhna in district Rohtak. She was married to Head Constable Baldev Singh of village Bajana. About two days before the present occurrence Phul Pati came to her father's house. In the afternoon of January 13, 1972 Phul Pati left her father's house to go to his field to cut grass. The said field is in the area of village Farmana at a distance of 1 1/2 kos. from the abadi of village Guhna. The three villages Guhna, Farmana and Ridhao are near each other. The accused belongs to village Ridhao. The field of the accused adjoins that of Roopa, father of Phul Pati. As Phul Pati did no return from the field in the evening, it is alleged, her father Roopa and brother Maha Singh went to the fields in search of her. On reaching their field they found a heap of grass. They shouted for Phul Pati but got no response. Khes P1 which had been taken by Phul Pati was seen lying on the patri of a drain. Roopa and Maha Singh shouted for Phul Pati at the patri of the drain also but got no response. Roopa and Maha Singh thereupon returned to their village abadi and told Dharam Singh sarpanch, Bhima lambardar and Sube member Panchayat and others of their village that their daughter Phul Pati was not traceable. It became dark by that time. Dharam Singh, Bhima, Sube, Roopa, Maha Singh and four or five other persons took four lanterns and went to the fields to search for Phul Pati. The party found the dead body of Phul Pati lying in the field of Risala. The string of the salwar of Phul Pati had been untied and she was lying with her face downwards. Her choti had been tied round her neck. Blood was found to have oozed from her mouth and nose. Leaving Dharam Singh, Bhima, Sube and others near the dead body, Roopa left for police station Kharkhoda at a distance of 14 miles from the place of occurrence and lodged report PF at the police station at 5-30 a.m. on the following morning. In that report Roopa after giving the above facts stated that he suspected Jagta accused as the culprit responsible for the murder of the deceased. The basis of that suspicion, according to Roopa, was that the accused had about 20 days earlier cut indecent joke with his daughter-in-law Birhmi (PW 3), wife of Maha Singh.

(3.) Sub-Inspector Gugan Singh after recording the first information report, took a police party and went with Roopa to the place of occurrence on scooter. The party reached the place of occurrence at about 8-30 a.m. The Sub-Inspector found the dead body of Phul Pati lying there guarded by Dharam Singh sarpanch, Maha Singh and others. Blood was found to have fallen on the ground. There were also signs of struggle. The Sub-Inspector prepared the inquest report and the injury statement. The dead body was then sent for postmortem examination to Rohtak. Postmortem examination on the dead body of Phul Pati was performed by Dr. K. K. Sen at Rohtak on January 15, 1972 at 10 a.m.