RAJU BASOR Vs. STATE OF U.P.

JUDGEMENT

(1.) (Delivered by Hon'ble Imtiyaz Murtaza, J) The challenge in this appeal is to the judgement and order dated 25.4.2007 passed by the Sessions Judge Mahoba in S.T. No 78 of 2006 whereby the learned Sessions Judge recorded the verdict of conviction against the appellant Raju Basor under section 302 I.P.C and he has been awarded the sentence of death. The appellant is further convicted under section 376 I.P.C. and sentenced to imprisonment for life with a fine of Rs. 1000/- with default stipulation to undergo further imprisonment for one year. Appellant Rajendra Dhobi has been convicted under section 302 I.P.C. and sentenced to imprisonment for life with a fine of Rs. 1000/- with default stipulation to undergo further imprisonment for one year. He is further convicted under section 376 read with 34 I.P.C. and sentenced to undergo imprisonment for 10 years and a fine of Rs. 1,000/- with default stipulation to undergo one year further imprisonment. The incident is stated to have occurred in the intervening night of 6/7.2.2006 at 2 a.m and the author of the F.I.R is one Ashok Kumar resident of village Chhikhara Mahoba. The prosecution case filtering out unnecessary details is that that informant accompanied with his sister in law Saroj Devi aged 22 years had gone to village Swasamaf in order to participate in the marriage of daughter of Raghunath Kushwaha (maternal uncle of the deceased). A folk drama (Nautanki) had been arranged in front of the door of Raghunath. In between the programme, his sister-in-law Smt. Saroj Devi left for urinating and had gone at a short distance at a lonely place. It is alleged that she was heard shrieking and immediately, the informant, maternal uncle of his sister-in-law Raghunath, Brij Kishore, a native of Swasamaf village rushed to the scene of occurrence flashing their respective torches and saw that in the vacant plot of Dayaram Kushwaha, Raju Basor resident of Tola Soem Police Station Charkhasi, Mahoba who had been deployed to pick up pattal while Rajendra Dhobi was engaged as a labourer for pitching up the tent were molesting Smt. Saroj. Precisely speaking, it was mentioned that Rajendra Dhobi was pinning his sister-in-law down and catching hold of her tightly while Raju was outraging her modesty. It is further alleged that Rajendra had caught hold of her hands in order to subdue her resistance. A Dhoti (Saree) was found tied around her neck. When she cried for help while resisting fiercely, both the accused persons assaulted her with bricks. It is further alleged that on being challenged by the village people, the accused persons escaped towards the forest. A dhoti was tied around her neck. Due to assault by bricks, it is further alleged, She was badly injured and was rushed to Mahoba Hospital where she was declared dead. While leaving dead body in the District hospital, the informant came to police station to lodge the F.I.R. It is further alleged that some of the ornaments which she was wearing, were found missing from her body.

(2.) ON the basis of this information furnished by Ashok Kumar, a first information report was registered at 8.30 a.m. under section 302/376 I.P.C. at case crime no. 111 of 2006. After registration of the case, Inspector Karan Singh took over investigation and to begin with, he recorded the statements of Head Moharrir Dhanaram Chaudhary, informant Ashok Kumar, and witness Raghunath Kushwaha. He prepared site plan on the pointing out of informant and Raghunath Kushwaha (Ext. Ka-10). He also collected one broken garland and prepared its recovery memo, which is marked as Ext. Ka-11. He also collected two blood stained bricks and prepared its recovery memo. He also collected one underwear and broken bangles and a Joint recovery memo was prepared which is marked as Ext. Ka-12. Recovery memo of torch of Raghunath was also prepared which is marked as Ext. Ka-13. Accused Raju Basor and Rajendra Dhobi, it would, appear, were arrested from the Salat tri-junction. A seizure memo of their underwear was also prepared which is marked as Ext. Ka-14. He also recorded the statement of Mahendra Singh and Durg Singh. On the basis of information sent by the District Hospital, Mahoba about the death of Saroj, report was noted in Kotwali Mahoba at 6.15 a.m on 7.2.2006 and inquest was prepared by Onkar Nath. On 9.2.2006 seizure memo of the torch of Brij Kishore was prepared, which is marked as Ext. Ka-15. Thereafter, the Investigating officer recorded the statements of Brij Kishore, Gulab Singh, Pappu Kushwaha, Mahendra Singh, S.I. Anar Singh, Constable Subhash Sharma, Constable Moharrir Onkar Nath, Home Guard Chandrika Prasad, Ghasiram, Dewaki Nand and Ayodhya Prasad. On 18.2.2006, the report of vaginal smear was received by the police, which is marked as Ext. Ka-16. The Investigating officer also dispatched the articles for analyses to Vidhi Vigyan Prayogshala, Agra and a docket was prepared which is marked as Ext. Ka-17. After the investigation on 5.3.2006, charge sheet was submitted against the accused persons in the Court. Dr. S.K. Bajpai of Mahoba District Hospital conducted the autopsy on the person of the deceased, Smt. Saroj Devi and enumerated the following ante mortem injuries in the post mortem report.

(3.) WE have heard Shri H.C. Tewari, Amicus curiae for the appellant Raju Basor, Shri V.B. Shivhare for the appellant Rajendra Dhobi, and Shri D.R. Chaudhary, Government Advocate, Shri Arunendra Singh, A.G.A. Shri M.S. Yadav, A.G.A., Shri S.S. Shukla, A.G.A. and Shri Vinod Kumar Misra, A.G.A. for the State.