JAG MOHAN ALIAS BIRJU Vs. STATE

JUDGEMENT

(1.) The sole accused in the case is the appellant in the appeal and respondent in the Murder Reference. He was tried for offences punishable under Sections 302, 363 and under Section 376 (f) Indian Penal Code . by the learned Additional Sessions Judge, Shahdara, Delhi. He was sen Sauced to death under Section 302 LP.C. He was also sentenced under Sections 363 and 376 (f) Indian Penal Code . to undergo seven years rigorous imprisnment and life imprisonment respectively. The learned Additional Sessions Judge made a reference for confirmation of death sentence and the accused also preferred an appeal against convictions and sentences and they are being disposed of by this common judgment

(2.) Shorn of Verbiage, the prosecution case is that on 4-3-88 Kin. Anita aged about 4 years was found missing from her house. Next morning, her dead body was found outside house No. 31/500 of Om Parkash Public Witness 2 resident of Trilok Puri, which was identified by her father Bharat Singh (P.W.2). Om Prakash (P.W.2) informed the police. On this informationt Sub Inspector, Chander Bhan (P.W. 22) alongwith P. C. Rajender Singh (P.W. 18) came to the spot and prepared the inquest report (Ex. Public Witness 22/A)and sent the dead body for post mortem examination. Dr. Bharat Singh (P.W. 17), who conducted the post mortem, opined that Anita died because of shock resulting from excessive pain during sexual intercourse vide report Ex. Public Witness -17/A.

(3.) On 17-8-88, Puran Singh (P.W. 15) Ram Kishan (P.W. 8) and Dalbir Singh (P.W. 15) apprehended the accused from the public larrine of block No. 9. Trilok Puri along with a minor girl namely km. Varsha aged 6 years in a compromising position. He was beaten up by the public assembled there. Upon questioning. the accused confessed that he had also kidnapped another minor girl. Thereafter, the accused was handed over to the police.