BIJENDRA SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The present appeal has been filed against the judgment and order dated 30-7-2001 passed by X Addl. Sessions Judge, Aligarh in Session Trial No. 1193 of 1999 whereby the appellant is convicted under Section 364 I.P.C. and sentenced to undergo 10 years rigorous imprisonment and to pay a fine of Rs. 5000.00; under Section 376 (2) I.P.C. and sentenced to undergo rigorous imprisonment for life and a fine of Rs. 5000.00; under Section 201 I.P.C. and sentenced to under-go 3 years rigorous imprisonment and to pay a fine of Rs. 5,000.00 and under Section 302 IPC and sentenced to death.

(2.) The brief facts of the case are that complainant Bijendra Singh resides in front of P.A. Batalian in mohalla Sukhrawali police station Quarsi district Aligarh along with his family. One constable Subhash Singh of 45 Batalian comes to his house to take milk. On 29-1-1998 at about 9.00 a.m. Subhash along with Bijendra Singh Solanki constable of the same Batalian came to his house. The complainant's elder daughter Km. Laxmi works as a Nurse in Ravi Rai Hospital and next to her Km. Shimla works of tailoring. Constable Bijendra Singh Solanki asked him about the marriage of his daughter and promised to get her married. He agreed and Solanki further told him that he will get them married on the side of Bihar. He had refused on the ground that all his relatives live nearby. It is further stated that Bijendra Solanki had threatened him. It is further stated that on 30-1-1998 in the evening complainant and his wife Smt. Shakuntala Devi and daughter Babli aged about 5 years were sleeping and the other children had gone in the house of his neighbour Ved Kumari for watching T. V. At about 10.00 p.m. the wife of complainant woke up and found that Babli was not on the cot. She was searched and then they went to see Subhash Singh and he met them but Bijendra Solanki was not there. When they were searching Rajendra Singh, Ram Veer and Rajesh Singh told him that they had seen Bijendra Singh Solanki loitering in front of his house at 8.30 p.m. It is stated in the report that Bijendra Solanki had abducted and murdered her and the dead body had been concealed. The written report was lodged by Bijendra Singh at police station, Quarsi on 31-1-1998 at 6.35 a.m. The distance of police station is 2 kilometres. The dead body of deceased Babli was recovered on 1-2-1998 from a wheat field. The post mortem was conducted by P.W. 4, Dr. Shahid Mohammad on 2-2-1998. He had found the following ante-mortem injuries on the body of deceased :-

(3.) The cause of death described as shock and Asphyxia as a result of ante-mortem injuries and the case was investigated by P.W.6 Sunil Kumar Tyagi who had investigated the case and submitted charge sheet against the appellant and one Subhash. The case was committed to the Court of Session in usual manner and the Sessions Judge framed charge under Section 364/376 (2)/302/201 IPC against appellant and one Subhash.