MANGAL Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 27 th November, 2009 passed in Sessions Case No.52/2008 by the learned Additional Sessions Judge, Delhi, arising out of FIR No.432/2005 registered at Police Station Kotwali u/s 302/376 IPC wherein the appellant has been convicted for both the offences. The appeal is also directed against the order on sentence dated 3 rd December, 2009 whereby the appellant has been sentenced to a term of rigorous imprisonment for life and to pay a fine of ' 5000/- and in default of payment, SI for five months for the offence u/s 302 IPC and appellant is further awarded sentence of rigorous imprisonment for the period of ten years and also to pay a fine of Rs.3000/- and in default of payment of fine, to further undergo SI for three months for the offence punishable u/s 376 IPC. It is also ordered that both the sentences shall run concurrently. The benefit of section 428 Cr.P.C has also been given to the appellant by the learned ASJ.

(2.) The case of the prosecution is as under:- Appellant Mangal Singh was working as a seasonal employee for the past 10-12 years with Kuldeep Kumar, PW-4 who was doing the work of selling chat pakori. For the period of work, Kuldeep Kumar, PW-4 used to provide a room to Mangal Singh on the first floor of his house i.e., House no.272, Gali Kunj Dariba Kalan, Chandni Chowk, Delhi. Appellant used to reside in the said room during the period of his work. Kuldeep Kumar, PW- 4 was living on the same floor with his family in another room. There were other tenants in the said building also. The complainant Rakesh, PW-3 was living as a tenant with his family in one room with his family on the second floor of the said house. Appellant used to work with Kuldeep Kumar, PW-4, during festival seasons. On 4 th October, 2005 during Navrataras, appellant Mangal had come to Kuldeep Kumar, PW-4 for working as a helper and started residing in a room of the first floor in the aforesaid premises. On 7 th October, 2005, Mangal Singh had brought his daughter, namely, Lavi aged 12 years in the said house and she also started living in the room of appellant. On 10 th October, 2005, at about 1 A.M., Rakesh, PW-3 along with his children had come back to his room on second floor after seeing 'Ram Lila'. At about 2/2.30 am, he had bolted the door and went to sleep. After 5-7 minutes, he had heard as if appellant was scolding his daughter in the 'stair case'. The complainant Rakesh, PW-3 had enquired as to who was there. Appellant said that it was he. After 2-3 minutes, he heard as if some heavy object had fallen down the stairs. He switched on the light of stairs and enquired as to what had happened. Thereupon appellant replied from first floor that a bucket had fallen down. Thereafter, Rakesh, PW-3 went to his room and closed the door and went to sleep. After sometime, he heard appellant weeping on the first floor. Thereupon Rakesh, PW-3 went to first floor and saw appellant weeping in front of the room of Kuldeep Kumar, PW-4 while holding his daughter Lavi in an unconscious state. The appellant was saying to Kuldeep Kumar, PW-4 that his daughter Lavi had sustained injuries by fall on the stairs. Bimla Rani, PW-11, wife of Kuldeep Kumar PW-4 was also there. They had taken appellant along with Lavi to a nearby Marwari Hospital in Kinari Bazar but the same was found closed. Thereafter, Lavi was taken to LNJP Hospital in a TSR. Rakesh, PW-3 also reached LNJP Hospital on a rickshaw where she was declared as having been brought dead. There some marks on the neck of Lavi were seen. On enquiry being made, appellant Mangal stated that Lavi was not his daughter and was born to his wife from his brother-in-law (Sadu) from their illicit relation. The appellant had also stated that he had killed Lavi by pressing her throat.

(3.) Kuldeep, PW-4 had informed the police. An information was also received at PS Kotwali from LNJP Hospital through duty constable about the bringing of a dead body of a girl by his father. On the basis of said information, DD No.6A was got recorded. On receipt of copy of said DD, Inspector J.P.Raghav, Addl. SHO PS Kotwali reached at the said hospital where SI Jai Singh (PW-12) and Head Constable Rishi Pal (PW-8) met him. The MLC Ex.PW-20/A of Lavi was obtained. The police searched for the father of the girl i.e., appellant who got her admitted in the hospital but, he was not found. Rakesh, PW-3 and Kuldeep Kumar, PW-4 met Inspector J.P.Raghav PW-21 and narrated the circumstances of getting the deceased admitted to the hospital. Rakesh, PW-3 got his statement Ex.PW 1/B recorded. On the said statement, Inspector J.P.Raghav PW-21 had put his endorsement Ex.PW-1/C and got FIR Ex.PW-1/D registered. The clothes of the deceased were seized after completing necessary formalities. The crime team was also called at the spot i.e., first floor of the house no.272, Gali Kunj Dariva Kalan, Chandni Chowk and the site was got inspected. The photographer was also called and photographs of the spot were taken. The site plan was prepared by the I.O. Three jute mats (bori), and one pillow were seized from the spot vide memo Ex.PW-21/B after completing necessary formalities in this regard. The pulanda (bundle), containing the clothes of the deceased, which were seized by the Constable at the Hospital and some jewellery which the deceased was wearing at the time of incident, was also seized vide seizure memo Ex.PW-14/A&B, after completing necessary formalities. The mother Premwati (PW-17) of the deceased was also called on the same day i.e., 10 th October, 2005 who had identified the dead body of her daughter. After postmortem examination, the dead body was handed over to her mother. On 10 th October, 2005, at 7.05 pm, a telephonic information was received by Inspector J.P.Raghav PW-21 from Kuldeep, PW-4 that appellant was present in the house. IO PW-21 along with other police officials went there and apprehended the appellant. After interrogation, appellant was arrested in the case. Appellant was medically examined. The statements of PWs were recorded. After completion of investigation, a charge sheet was filed before the learned Metropolitan Magistrate where copies were supplied to appellant. Thereafter, the case was committed to sessions. Learned Addl. Sessions Judge, Delhi framed charges against the appellant for having committed offences punishable u/s 302/376 IPC. Appellant pleaded not guilty to the same and claimed trial.