NAWAB Vs. STATE

JUDGEMENT

(1.) THIS criminal appeal has been filed against the judgment and order dated 07 -02 -1995, passed by Smt. Sadhna Chaudhary, the then IInd Additional Sessions Judge, Dehradun in S.T. No 133 of 1993, whereby the Appellant was convicted and sentenced to undergo for imprisonment for life and a fine of Rs. 5000 under Section 302 IPC; for three years' R.I. and fine of Rs. 500/ - under Section 363 IPC; for seven years' R.I. and fine of 1000 under Section 366 IPC; and for ten years R.I. and a fine of Rs. 2000 under Section 376 IPC. All the sentences were to run concurrently. In default of payment of fine, the Appellant was to undergo for further six months' R.I., one year's R.I., one and half year's R.I. and two years' R.I. under Sections 363, 366, 376 and 302 IPC respectively.

(2.) THE facts, in nutshell, are that on 25 -05 -1993 a written report Ex.ka. 1 was lodged by Abbas PW1 in the police station alleging therein that on 25 -05 -1993 at about 8 a.m. he had gone to his work to Khurbura Mohalla and his wife Haneefa had also gone to the market in connection with some household work. His children i.e. son Javed aged 11 years, two small daughters aged 21/2 and VA years and victim Tabassum aged about 13 years were at home. When Abbas PW1 came back in the evening at about 4pm, he inquired about his wife and daughter Km. Tabassum. He was told that his wife had gone to market and Tabassum was called by her cousin -Appellant from her house and she was taken away by accused Nawab and since then she did not return. Thereafter, Abbas PW1 went to the Khoka' (wooden house) of Nawab and found that the 'Khoka' was locked. When he peeped into the 'Khoka' of Nawab it was found that his daughter was lying dead inside the 'Khoka'. Thereafter, the report was lodged in the police station. On the basis of report, a Chick FIR was prepared and necessary entries were made in the general diary. The police reached there and broke open the lock. The lock, latch and chain were sealed on the spot. Tabassum was lying dead in the room. The scarf was tied around her neck with which she was strangulated. It was also found that she had been raped. The police took the scarf into his possession. The blood was oozing from her vagina. The police took the sample of blood stained earth and plain earth from the spot. The dead body of the deceased was sent for postmortem. After completing the investigation, the Investigating Officer submitted the chargesheet before the court against the Appellant.

(3.) THE prosecution in support of its case examined nine witness. Abbas PW1 -the father of the deceased got scribed the report through Suresh Gupta. Salim PW2 saw the Appellant locking his khoka at about 1:45 to 2 p.m. on the date of incident. The Appellant was the nephew of Abbas PW1. Suresh Gupta PW3 scribed the report on the dictation of Abbas PW1. The prosecution has adduced the evidence of Ramesh PW4, who on the date of incident was standing in front of grocery shop of Sher Singh. At about 1 to 1:30 pm on the date of incident, he saw the deceased going with Appellant -accused Nawab. The accused took her to his Khoka. Javed PW5 is the real brother of the deceased and on the date of incident he was at his house with his younger sister and the eider sister Km. Tabassum. He further stated that the Appellant came to his house in the morning on the date of incident, called his elder sister Tabassum and took her with him. Thereafter, she did not return to her house. Constable Clerk -Ved Prakash PW6 has proved the chick report and the G.D. report. Constable Charan Singh PW7 took the dead body of the deceased for postmortem. Dr. B.K. Andle PW8 is the medical officer, who conducted the postmortem on the dead body of the deceased. The prosecution has also adduced the evidence of S.I. -Ashok Kumar Verma PW9 who proved the Ex.10 and Ex.A11. S.I. -Rakesh Babu Yadav C.W. 1 was the Investigating Officer of this case and he was examined as Court Witness.