DAYA RAM Vs. STATE

JUDGEMENT

(1.) The present appeal is directed against the judgment dated 20.02.1998 and order on sentence dated 23.02.1998 of learned Additional Sessions Judge by which the appellant was convicted for the offences punishable under Sec. 302/376 Penal Code and sentenced to undergo imprisonment for life with a fine of Rs.10,000.00 under each of the two counts i.e.376 and 302 IPC.

(2.) The prosecution alleges that on 16.04.1993 Daily Diary (DD) No.3A (Ex.PW-6/A) was at police station Geeta Colony at 9:20 A.M. on receipt of information that a girl aged 8 years was lying dead at Yamuna Pushta, near Taj Enclave, Geeta Colony. DD No.3A was marked to ASI Kanchan Lal for investigation. He with Constable Bhushan Kumar reached the spot and found the dead body of a girl in the bushes. He made an endorsement on the Daily Dairy No.3A and sent the rukka for lodging First Information Report under Sec. 302/302/76 IPC. Investigation was taken over by Inspector Ram Niwas Vashisth (PW-19). He reached the spot and saw that the deceased was wearing red coloured salwar-suit, her salwar was untied and pushed down upto the knee. One green coloured jumper/kurta was tied around her neck. Inspector Ram Niwas Vashisth summoned the crime team. The scene of the incident was photographed. A pair of hawai chappals near the body was seized by memo (Ex.6/A). Efforts to identify the body were in vain. PW-19 conducted inquest proceedings and sent the body for post-mortem. PW- 14 (Dr.L.K.Barua) conducted post-mortem examination of the body on 21.04.1993. He was of the opinion that the death was due to strangulation. The body was cremated as unclaimed.

(3.) On 27.08.1993 Ram Rattan (PW-4) and Babu Lal (PW-18) went to the police station, Geeta Colony and identified the photographs of the deceased. PW-4 said that his daughter Sampada had married Daya Ram and he had brought his younger daughter Umeda (since dead) from the village 4-5 days earlier to Holi festival on the pretext that she would prepare food etc.for him in the absence of his wife who was in the village. When Daya Ram did not send her back to the village for three/four months, he came to Delhi, on 07.08.1993 and inquired from the accused about Umeda. Daya Ram told him that Umeda was put on a train to go to her village. He did not find Umeda in the village and came to Delhi on 24.08.2003. He came to know from Babu Lal that Daya Ram and Pappu had left the Jhuggi with children and wife. Ram Rattan suspected Daya Ram and Pappu to be perpetrators of the crime. Inspector Ram Niwas Vashishth (PW-19) their statements and set out to apprehend Daya Ram and Pappu but they were not traceable. On 13.12.1993 Pappu was apprehended at New Delhi Railway Station. He disclosed that Daya Ram was residing in Sangam Vihar with a changed name of Kunwar Pal with his wife with a changed name Sunita. He led the police to House No.D-246, Sangam Vihar, Gali No.5 Daya Ram was apprehended and arrested from there. Pursuant to the disclosure statement, he recovered his underwear and one grey coloured salwar of the deceased from his Jhuggi.