DEVI LAL Vs. STATE

JUDGEMENT

(1.) Devi Lal son of Panch am, aged 20 years, resident of village Dadu Khera, P.S. Ashoha, District Unao, U.P. was tried on the charges of rape and murder. He was found guilty of the offences charged with and was sentenced to imprisonment for life and to pay a fine of Rs. 1000/- and in default of payment of fine to undergo rigorous imprisonment for six months on the charge under section 302 of the Indian Penal Code and to rigorous imprisonment for 7 years and a fine of Rs. 1000/- and in default of fine rigorous imprisonment for six months on the charge of rape. The afore-mentioned sentences were ordered to run consecutively. The accused was also charged under section 201 of the Indian Penal Code but of the said charge he was acquitted.

(2.) The case for the prosecution is this. P.W. 1 Mahabir Parshad Bhardwaj, a medical practitioner, along with his family including the deceased daughter Poonam, aged 10 years, resided in village Satbari. At a short distance from the house of Mahabir Parshad there are the fields and tube-well of Inderaj Tyagi (P.W. 12). There is a residential room near the tubewell. The accused was employed by Inderaj to look after his farm about 9 or 10 days before the occurrence. The accused resided in the room near the tube-well. At a distance of about 140 metres from the tubewell of Inderaj there is a tube-well of Ram Singh. People from the village take their bath at the tube-well of Ram Singh since there are bathing facilities there. There is no bathing arrangement at the tube-well of Inderaj. The water from that well is utilised only for irrigation. At the time of the occurrence there was wheat crop 10 the fields of Inderaj.

(3.) On the fateful day, that is, 22nd February, 1981 at about 12 noon (22nd February was a Sunday) Poonam alongwith her maternal uncle Brahm Pal went to the tubewell of Ram Singh for taking bath and washing clothes She was carrying with her a bucket and a thapi along with the washable clothes. At about 3 p.m. Brahm Pal returned home. Mahabir Parshad enquired as to where Poonam was. Brahm Pal told Mahabir Parshad that she had left the tube-well for home about one and half hours earlier and she was carrying with her the bucket and thapi. Brahm Pal was asked to search for Poonam. He returned about 4 p.m. and told Mahabir Parshad that he could not find Poonam. Mahabir Parshad got busy with his professional work. It was only at about 7 p.m. when Poonam did not return that the family got worried. A search started for Poonam. At about 8 p.m. Arjun Singh (P.W. 11) met Mahabir Parshad and be told him that he had seen Poonam at about 1.30 p.m. at the tube-well of Inderaj and Devi Lal was with her. Mahabir Parsbad along with Arjun Singh. Rishi Pal and other villagers went to the tube-well of Inderaj. The accused was found in the room. On enquiry if be bad seen Poonam be replied that lie bad not seen her. There is a well near the tube-well. Fearing that Poonam may have fallen in the well, the search party looked inside the well with the help of a torch. Devi Lal was asked to switch on the tube-well light but he did not do so and instead disappeared from that place. Rishi Pal went inside the well and he found the bucket and the thapi inside the well. The search for Poonam was intensified and at a short distance from the tube-well they found damaged wheat bushels which aroused suspicion. The search party went along the damaged bushels and near a Guava tree the search party found freshly planted wheat bushels. After removing the freshly planted bushels of wheat and digging the earth the body of Poonam wearing a frock was found. She was n1ked from waist downward. Blood was seen oozing from her nose and vagina.