MUNNA Vs. STATE

JUDGEMENT

(1.) Challenge in this appeal which has been preferred from Jail by the Appellant is to the judgment and order dated 21.12.2006 rendered by Special Judge SC/ST Act Agra in ST No 636 of 1995 whereby the Appellant has been convicted for offences under Sections 302/376 IPC and sentenced to undergo imprisonment for life on both counts and a fine of Rs 5000/ - on each counts with default stipulation of six months R1 for each count. The Appellant was acquitted of charges under Section 3(2)(5) of the SC/ST Act.

(2.) The deceased is a tiny girl namely, Renu aged about 5 years who it was alleged by the complainant Bhagwan Das, was murdered after being ravished and her body was found in a field. The incident relates to village Jatav Garhi Jahan Singh PS Shamshabad District Agra. Initially, the report was lodged against unknown person in case crime No 165 of 1991. It would appear that a second report was lodged at the police station the same day by Devendra son of Bhagwan Das in which it was imputed that her niece was ravished and murdered by accused Munna son of Mohan Singh Thakur in the field of Kapoor Singh. It was explained that the incident was seen by Kalicharan, Haridas Udai Singh and Kunwar Pal of the same village but his father Bhagwan Das gave the half baked report at the police station as he was unnerved due to incident.

(3.) The investigation of the crime was taken over by the Station officer Shamshabad namely Rajpal Singh. After completing investigation, the investigating officer submitted charge-sheet in the Court. The case was committed to the Court of Sessions by the CJM Agra on 25.8.1995.