RAJ SINGH Vs. STATE

JUDGEMENT

(1.) The appellant Raj Singh and his brother Krishan Lal were charged with the commission of the offence punishable under Sections 325/34 IPC. The nature of the charge was that on 10.11.1990 at about 5.30 a.m. in the gali opposite Jiwan's house in village Shahbad Daulatpur, in furtherance of their common intention, Raj Singh and Krishan Lal had voluntarily caused grievous hurt to Jiwan and Ram Chander by means of a blunt object. In respect of the appellant Raj Singh, further charges were framed under Sections 354 and 302 IPC. Insofar as the offence punishable under Section 354 IPC was concerned, the charge against the appellant Raj Singh was that on 10.11.1990, at about 5.30 a.m. in the said gali opposite to Jiwan's house in village Shahbad Daulatpur, he assaulted or used criminal force against the said Jiwan's daughter Sudesh Kumari intending to outrage or knowing it to be likely that he would thereby outrage her modesty. With regard to the offence punishable under Section 302 IPC, the charge against the appellant Raj Singh was that at the above mentioned date, time and place, he committed the murder of the said Sudesh Kumari. Since both Raj Singh and his brother Krishan Lai pleaded not guilty, the case was taken up for trial before the learned Additional Sessions Judge in Sessions Case No. 25/1991 emanating from FIR No. 285/1990 of police station Samaipur Badli. The trial culminated in the impugned judgment dated 26.10.1993 passed by the learned Additional Sessions Judge whereby the appellant Raj Singh was convicted for offences punishable under Sections 354 and 302 IPC. By virtue of the impugned judgment, both Raj Singh and his brother Krishan Lal were also convicted under Sections 323/34 IPC.

(2.) By a separate order on sentence of the same day, i.e., 26.10.1993, the appellant Raj Singh was sentenced to undergo rigorous imprisonment for a period of six months in respect of the offence punishable under Section 354 IPC. He was also sentenced to undergo imprisonment for life and also to pay a fine of Rs 500A in respect of the offence punishable under Section 302 IPC. In default of payment of fine, the appellant was sentenced to undergo further rigorous imprisonment for a period of two months. Finally, the appellant was also sentenced to undergo rigorous imprisonment for a period of three months in respect of the offence punishable under Sections 323/34 IPC. As regards the appellant's brother Krishan Lal, the learned Additional Sessions Judge, keeping in mind his age, character and antecedents, was of the view that it was expedient that he be dealt with under Section 360 CrPC and consequently directed that instead of sentencing him at once to any punishment, he was directed to be released on probation. The appellant Raj Singh is aggrieved by the impugned judgment and the order on sentence which has been awarded to him.

(3.) The case for the prosecution is that an information had been received at the police station which was recorded in Exhibit PW-8/A being D.D. No. 23-A at 6.15 a.m. on 10.11.1990 that a quarrel was taking place near the Harijan well at village Shahbad Daulatpur. Five minutes later, another information was received in the same police station that a girl had been set on fire near the Harijan well at village Shahbad Daulatpur. This information is recorded in Exhibit PW-8/B being D.D. No. 24-A dated 10.11.1990. As per the prosecution, on receipt of the said information, ASI Inder Singh alongwith Constable Anil Kumar reached the spot where they found Head Constable Subhash Chand and Constable Naresh Kumar already inquiring with regard to the incident in respect of D.D. No. 23-A. There they found Sudesh Kumari aged about 16 years, daughter of Jiwan, resident of village Shahbad Daulatpur lying in the gali in a burnt condition in front of her house. According to the prosecution, the said Jiwan and his brother Ram Chander were also found at the spot in an injured condition inasmuch as they had been injured in the quarrel referred to in D.D. No. 23-A.