NARENDER SINGH Vs. STATE

JUDGEMENT

(1.) Narender Singh, by the impugned judgment dated 13.9.1999 has been convicted under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as IPC) for having committed murder of Sangeeta on 7th August, 1997. The appellant is also being convicted, under Section 354 and 201 IPC, but has been acquitted from the charge under Section 376 IPC. State has not preferred a leave to appeal against acquittal of the appellant under Section 376 IPC. By order of sentence dated 18.9.1999 for the offence under Section 302 IPC, the appellant has been sentenced to life imprisonment with fine of Rs.500/- , in default of which, the appellant has to suffer 30 days rigorous imprisonment. For the offences under Sections 354 and 201 IPC, the appellant has to undergo two years rigorous imprisonment, on each count.

(2.) The fact that Sangeeta has died homicidal death and her dead body was recovered from a well in the agricultural fields, at Yamuna Khadar on 8th August, 1997 at about 11.30 12.00 p.m. is undisputed and also proved beyond doubt. The said factum has been proved by Sarjit Singh (PW-1), brother of Sangeeta and Maharaj Singh, (PW-2). PW1 has deposed that Sangeeta was missing since 7 th August, 1997 and did not return home after she had gone to the fields to cut fodder. PW-2, along with the villagers, were searching for Sangeeta in the fields and on 8th August, 1997 at about 11.30 a.m., a dead body was found lying in a well by Maharaj Singh (PW-2). Thereafter, he informed Sarjit Singh (PW-1) and Chander Pal (PW-7).

(3.) The post mortem of Sangeeta was conducted by Dr.K.L. Sharma (PW-10), who had received the inquest papers on 9 th August, 1997 at 11.20 a.m. On post mortem examination, it was noticed that Sangeeta had suffered three external injuries detailed below:-