AKHLAQ Vs. STATE OF U P

JUDGEMENT

(1.) Leave granted.

(2.) This criminal appeal is directed against the impugned judgment and order dated 14.7.06 passed by the High Court of Judicature at Allahabad in Criminal Appeal No. 1783 of 1981against the judgment and order dated 10.8.81 passed by the Additional Sessions Judge, Bulandshahr in Sessions Trial No. 143 of 1980 convicting Akhlaq (accused No. 1 - appellant herein) under Section 302 read with Section 34, Indian Penal Code ('IPC' for short). Appellant has been sentenced to undergo rigorous imprisonment for life.

(3.) In short, the prosecution case was as under. A written report (Exhibit Ka. 1) was submitted at the Police Station Kotwali. This was on 31.7.79 at 6.10 p.m. The written report was submitted by the complainant, Samay Singh (PW.1). In the report it was stated that when the complainant returned home in village Tatarpur from his duty, he enquired from his younger daughter about the whereabouts of his elder daughter Asha (since deceased). The complainant was informed that Asha had gone to answer nature's call. The complainant also enquired from his wife, Brahma Devi (PW.2), about Asha. He was told by his wife that Asha had gone to answer nature's call. However, Asha did not return for considerable time. The complainant became suspicious. He proceeded to search out his daughter Asha at 5 p.m. When the complainant reached the maize field of Kanchi he saw a chappal belonging to Asha lying near the boundary of the field. The complainant entered into the field. He found the dead body of his daughter Asha inside the field. A Dhoti was tied around her neck and another chappal was found lying near the dead body of Asha. Her clothes were blood-stained. The complainant further found that the golden earrings of Asha were missing from her body. Asha was around 20 years old. On the basis of Ex. Ka. 1 the Head Constable prepared the F.I.R. The case was registered. The entry was made in G.D. report. The I.O. recorded the statement of the complainant at the police station. He then proceeded to the site of occurrence. On reaching the field of Kanchi the I.O. found the dead body of Asha lying in the field with a Dhoti tied around her neck. The I.O. prepared the inquest report (Ex. Ka.5). He prepared the naqsha (Ex.Ka.7). The I.O., after completing the formalities, handed over the dead body of Asha to constables Bhojvir Singh and Rajvir Singh for post-mortem at the District Hospital, Bulandshahr. The possession of the chappal was also taken vide Ex.Ka.9. The I.O. inspected the spot on 1.8.79. He prepared the site plan. On 21.8.79 on interrogation Jamil (accused No.2) confessed his guilt. He also promised to get the golden ear-rings recovered from the shop of sarraf. He took the I.O. to the shop of the sarraf. The ear-rings were mortgaged with the sarraf. The name of sarraf was Ram Kishan (PW. 9). After going through the register Ram Kishan took the ear-rings. The ear-rings were taken into custody vide Ex.Ka.4. They were sealed in the presence of Jai Prakash Sharma (PW. 10). The necessary formalities were thereafter completed. The earrings recovered from the shop were identified on 28.9.79. On 1.8.79 the post-mortem was conducted. According to Dr. Surendra Pal Singh, Medical Superintendent (PW. 14), the death was caused by strangulation. The doctor found whitish substance near vulva of the deceased. He prepared a slide and forwarded it to the Pathologist. The doctor opined that Asha was possibly raped. After completing due investigation, the I.O. submitted the charge-sheet. The three accused-Akhlaq (Accused-1), Jamil (Accused-2) and Imtiyaz (Accused-3) denied the charges. They pleaded non-guilty. The prosecution examined 19 witnesses.