IN REFERENCE STATE OF CHHATTISGARH THROUGH POLICE STATION KHURSIPAR, DURG DISTRICT DURG CHHATTISGARH Vs. RAM SONA S/O GULLI SONA

JUDGEMENT

(1.) CRREF No. 2 of 2018 is a reference under Section 366 of the CrPC for confirmation of death sentence awarded to accused Ram Sona for offence under Sections 376 (A) and 302 of the IPC whereas CRA No. 1517 of 2018 has been preferred by the appellants challenging their conviction and sentence imposed by the trial Court vide judgment dated 24.8.2.018 passed in Special Sessions Trial No.56/2015 in the following manner:-

(2.) Accused No.1 Ram Sona is the son of accused No.3 Kunti Sona, whereas accused No.2 Amrit Singh @ Kile @ Keli is the friend of accused No.1 Ram Sona.

(3.) As per the prosecution case, the deceased/victim was a deaf and dumb girl aged about 5 1/2 years. At about 11 am on 25.2.2015, she disappeared while playing near her house opposite to Chandrama Chowk, Shivaji Nagar, Khursipar, Bhilai. The informant (PW-1) Raju Lal Shrivastava is the father of the deceased. In his missing report (Ex.-P/42), he informed that despite search at various places and in the residence of the relatives and friends the deceased is not traceable, therefore, he has suspicion that some unknown person has allured and abducted his daughter. The FIR (Ex.-P/1) was registered at 8.55 hours on 26.2.2015 against unknown person for offence under Section 363 of the IPC. During investigation, Kunti Sona and Amrit Singh were apprehended and their memorandum statements were recorded vide Ex.-P/9 and P/10 respectively. Kunti Sona informed to the police that her younger son juvenile Dipak informed her that brother Ram Sona has murdered a girl and has kept the dead body in the house. Later in the night, her son Ram Sona and his friend accused Keli reached the house and all three have concealed the dead body in a muddy Nala besides the railway track and she can point out the place. In his memorandum statement, Keli informed the IO that at about 12-12.30 in the noon of 25.2.2015 he was watching TV in the house of Ram Sona. At that time, Ram Sona brought a girl from outside and committed rape by gagging her mouth. Despite persuasion Ram Sona did not leave the girl. The girl was bleeding from her private part. Ram Sona committed her murder by pressing her mouth and has kept the dead body in a white coloured bag, and has kept it in the courtyard near the bricks. When Ram Sona's younger brother juvenile Dipak reached the house and saw the bag and the dead body, Ram Sona threatened him not to disclose the fact to anybody. Later in the night, he, Ram Sona and Kunti Sona concealed the dead body in a muddy Nala besides the railway track.