JANKI BACK Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 23.3.2010 passed by the 3rd Additional Sessions Judge, Fast Track Court, Ambikapur in Sessions Trial No. 251/2009, whereby and where under learned Additional Sessions Judge after holding the appellant guilty for committing unnatural offence with a 5 years' aged child namely Neeraj, homicidal death amounting to murder of Neeraj and concealing the evidence of criminal case, convicted the appellant under sections 302, 377 and 201 of the I.P.C. and sentenced him to undergo imprisonment of life and pay fine of 7 5,000.00, in default of payment of fine to further undergo RI for one year; imprisonment of life and pay fine of 5,000.00, in default of payment of fine to further undergo RI for one year; and RI for seven years and pay fine of 2,000.00, in default, of payment of fine to further undergo RI for six months, respectively. Conviction is impugned on the ground that without any iota of evidence, the Trial Court has convicted and sentenced the appellant and thereby committed illegality.

(2.) As per case of the prosecution, on the fateful day of 11.3.2009 at about 6 p.m. unfortunate deceased Neeraj went out from his house along with his six years' aged elder brother Yuvraj (P.W. 1), they were keeping 50.00 each. The appellant met them, he threatened Yuvraj and took Neeraj with him, thereafter, he committed unnatural offence with Neeraj and committed his homicidal death, and threw the dead body in the well with a view to conceal the evidence of criminal case. Yuvraj (P.W. 1) came back to his house, he was under fear and on being asked, he did not inform his father about the incident. He along with Jeevanlal (P.W. 2), father of the deceased, made search of small child Neeraj at night but to no avail. On second day morning mother of Jeevanlal (P.W. 2) informed that the dead body of Neeraj is lying in the well. Jeevanlal (P.W. 2) went to Police Station Rajpur and lodged morgue Ex. P-l on 12.3.2009.

(3.) The Investigating Officer left for the scene of occurrence. After summoning the witnesses vide Ex. P-2, inquest over the dead body of the deceased was prepared vide Ex. P-3. Spot map was prepared vide Ex. P-5. Old shawl, half pant, one currency note of 50.00, two bloodstained stones and one article guthwa kanta present on the back of head of the deceased were seized from the spot vide Ex. P-9. Dead body was sent for autopsy to Community Health Centre, Rajpur vide Ex. P-10. Dr. Pritam Ram (P.W. 8) conducted autopsy vide Ex. P-21 and noticed that the body was stained with mud and dust, there was one abrasion of 2 c.m. x 1 c.m. over right frontal region, clotted blood was present on nose and mouth, tongue was protruded, abrasion with contusion was present over right side of neck bluish in colour, swelling was present over right clavicle region, multiple abrasions with swelling present on left cheek, multiple abrasions present on back, and multiple abrasions and swelling present on both sides of chest. Injuries are ante-mortem in nature. Anus swollen. Rectum congested. Reddish colour liquid present inside the rectum. Fracture of 5th, 6th and 7th ribs of left side, 5th and 6th ribs of right side and that of right clavicle bone was found. Clotted blood was present inside the neck. Both lungs were ruptured. Two slides from rectum and one cotton swab were prepared, sealed and handed over to the police. Cause of death was syncope and nature of death was homicidal. Finally, FIR was lodged on 14.3.2009 vide Ex. P-12. Copy of the FIR was sent to the Court of Judicial Magistrate First Class, Ambikapur vide Ex. P-13. During the course of investigation, statements of the witnesses were recorded under section 161 of the Cr.P.C. on 14.3.2009 and 21.3.2009. The appellant was taken into custody, he made disclosure statement of clothes which he was wearing vide Ex. P-8 and same were seized vide Ex. P-6 on the basis of disclosure statement of the appellant. Seized articles were sent for chemical examination to the Forensic Science Laboratory, Raipur vide Ex. P-19. Presence of blood over clothes found near the place of incident, clothes of the deceased, stones and slides taken was confirmed by the FSL vide its report Ex. P-24. Presence of sperm on the swab taken from rectum of the deceased was also confirmed vide Ex. P- 24.