PRADEEP KUMAR JAISWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THESE appeals have been directed against the judgment and order dated 3. 2. 2003 passed in Sessions trial No. 422/2002 by the Special Judge under the Scheduled Castes and Scheduled tribes (Prevention of Atrocities) Act, 1989, bastar at Jagdalpur, whereby, the appellants have been convicted and sentenced in the following manner with further direction to run the sentences concurrently: <FRM>JUDGEMENT_441_CRIMES4_2009Html1.htm</FRM>

(2.) THE facts, briefly stated, are as under: deceased Jano Usendi was the daughter of Ghasiya (PW1 ). She was a member of Scheduled Tribe (Gond ). She was working as a teacher in Primary school, Paralbhat. On 31. 12. 2001 at about 10. 00 a. m. , she went to the school on her bicycle from village duggabegaon, where she was residing with her father. When she did not return back till the morning of 2. 1. 2002, her father went to village Paralkot. It was told to him that his daughter had returned from the school on 31. 12. 2001. When he was returning to his village, he saw the bicycle of his daughter on the way. On a search, he found the dead body of his daughter in a pit. He gave information to P. S. Narayanpur, on which, a Merg intimation (Ex. P16)was lodged on 2. 1. 2002: based on which the First Information Report was lodged under Ex. P23. The Investigating officer reached to the scene of occurrence on 3. 1. 2002 and recorded a dehatinalishi (Ex. P17 ). After giving notice (Ex. P18) to the Panchas, inquest (Ex. P3) on the body of the deceased was prepared and the dead body of the deceased was sent for its post-mortem to Primary Health Centre, narayanpur under Ex. P21. Bloodstained soil, plain soil and 2 pieces of bloodstained stones were seized from the place of occurrence under Ex. P 1. One bicycle, a pair of Hawai Chappel and soil containing the impression of rubber tyres of 4 wheeler vehicle were also seized from the place of occurrence under Ex. P2. Site plan was prepared under Ex. P22. The post-mortem examination was conducted by a team of two doctors including Dr. Kamal Kant sori (PW1 ). They prepared their report ex. P23 (again marked as Ex. P23 ). The autopsy surgeons found many scratches (nail mark) on various parts of the body of the deceased. They also noticed multiple abrasions over the back. There was a lacerated wound over the nose size 3 cm x 4 cm. There was another lacerated wound of 4 cm. over the left ear. Another lacerated wound was present over left zygomatric region, size 2. 5 cm x 3 cm and another lacerated wound was present on right occipital region, size 3 cm x 3 cm. On internal examination, they found that there were fractures of zygomatric bone, left parietal bone and right occipital bone. Hymen was old ruptured and anus was dilated. Slides from vaginal and anul swab were prepared and handed over for their further examination. The autopsy surgeon opined that the cause of death was syncope due to excessive bleeding from the external and internal injuries of the head and it was homicidal in nature. During the course of further investigation on 9. 1. 2002, statements of 2 witnesses namely Mangal (PW2) and mankuram (PW3) were recorded. They disclosed that on 31. 12. 2001 at about 4-4. 30 p. m. , they had seen the appellants forcibly dragging the deceased towards the forest. It is on this disclosure, the appellants were taken into custody and memorandum statements of appellants Pradeep Kumar Jaiswal and Satish David (Ex. P5 and P/6) were recorded under Section 27 of the Evidence act on 9. 1. 2002 and some cloths were seized at their instance under ex. P10 and P9. Some other cloths of appellant Satish David were also seized under Ex. P1. Cloths of appellant rajendra Kumar Dugga were seized under Ex. P13. Sealed bottles containing sample of semen of the appellants and the slides prepared from semen were also seized under Ex P 14 and p15. Appellant Rajendra Kumar dugga was put for identification by mangal (PW2) and Mankuram (PW3 ). The identification parade was conducted by the Executive Magistrate sonit Meriya (PW11), in which the said witnesses had rightly identified appellant rajendra Kumar Dugga through identification memo Ex P4. The seized articles were sent for their chemical examination to Forensic Science laboratory, Raipur from where, a report ex. P42 was received. According to the fsl report, bloodstains were found on stained earth. Stones and cloths of the deceased as also on the full paints of appellant Satish and Pradeep. Human sperms were found on cloths of the deceased, on underwears of appellants satish and Pradeep and in the slides prepared from the vaginal and anus swab of the deceased. However, the origin and the group of blood stains could not be ascertained. After completion of usual investigation, the charge-sheet was filed in the court of Judicial Magistrate, First class, Narayanpur, who in turn committed the matter to the Special Judge, bastar at Jagdalpur, who conducted the trial and convicted and sentenced the accused appellants as aforementioned. However, the appellants were acquitted of the charges framed under sections 3 (1) (xii) and 3 (2) (v) of the schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(3.) THE conviction of the appellants is based on the testimonies of Mangal (PW2)and Mankuram (PW3 ). One had seen the appellants forcibly dragging the deceased towards the forest and the other met them while they were coming out from the forest.