PAWAN Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THESE three criminal appeals under Section 374 (2) of the Code of Criminal Procedure (for short 'Code') from convictions of the four accused and criminal reference under Section 366 of the 'Code' for confirmation of sentences of death of all of them arise out of the judgment dated 28 -6 -2004 passed by Sri G. K. Sharma, Additional Sessions Judge/Fast Track Court, Nainital In Sessions Trial No. 166/2003.

(2.) BRIEF facts of the case are as follows : -

(3.) INVESTIGATION of the case was taken up by S.H.O. Sri Bachan Singh Rana (P.W.11) in whose presence the case was registered. After completing the initial formalities at the Police Station he left for the place where the dead body was thrown by the accused and on reaching there inspected the site. Inquest was held on the dead body of Km. Sushma at 6.30 A.M. and inquest report, Ext. Ka.2 (also referred and proved by P.W.4) was then prepared. The dead body was packed and sealed In a packet and was dispatched for post mortem along with relevant documents including that of the inquest. The post mortem was conducted the same day, that is, 26 -9 -2003 at 1.05 P.M. by Dr. K.S. Dhami (P.W.1). From the police station accused were sent for medical examination. However injury report of accused Pawan was filed on record of the trial. Investigating Officer attached the relevant items from the site. The Investigating Officer on his return to the police station examined accused persons and on the disclosure statement of accused Babu and Aamir recovered a two feet long electric wire of yellow colour from the room of the house of Ramesh Monga situate near the Sanwal School and where accused were then residing, vide memo, Ext.Ka.6 -A. The wire was stated to be used by the accused to strangulate the victim by neck to commit her murder. The under wears of the accused were attached on 27 -92003 while they were in District Jail, Nainital, vide memo, Ext. Ka.6 and these were sent for chemical examination. The accused volunteered to have their confession recorded but finally only accused Aameer agreed to it and accordingly his statement under Section 164 of the 'Code' Ext.Ka.7, was recorded on 7 -102003 by Sri Mahendra Kumar Joshi (P. W.8), Special Judicial Magistrate, who was also then incharge Chief Judicial Magistrate, Nainital. As per the report of the Chemical Examiner of the Government Lab, Agra, Ext.Ka.22 human semen and spermatozoa were detected all the four under wears of these accused and also on the Paijama of the victim. Human blood was found on the clothes of the victim only. On completion of the usual formalities of the investigation, charge sheet, Ext. Ka. 21 was submitted against these accused on 1 -11 -2003. Accused on being committed to the court of Sessions faced the trial.