JEETU NIRANJAN Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal is against the judgment and order of conviction and punishment dtd. 10/3/2015 and 11/3/2015, respectively, passed by Additional Sessions Judge/F.T.C., Orai, District Jalaun in S.T. No.243 of 2009 whereby, the appellant (Jeetu Niranjan) has been convicted under Ss. 302 and 376 read with Sec. 511 IPC and sentenced to imprisonment for life with fine of Rs.10,000.00, under sec. 302 IPC, and a default sentence of one year S.I.; and seven years R.I. with fine of Rs.2,000.00, under Sec. 376/511 IPC, and a default sentence of two months S.I. INTRODUCTORY FACTS

(2.) In brief, the facts giving rise to this appeal are as follows:- A missing report (Ex. Ka-1) was lodged by PW-1 (father of the victim) on 1/8/2004 at 1.30 pm of which GD entry was made by PW-6. In the report it was alleged that PW-1's daughter (the victim-the deceased), aged about three years, who was last seen playing outside the house at about 11.00 AM on 31/7/2004, has gone missing. This missing report suspects none. Thereafter, on 2/8/2004 (Ex. Ka-2), at 14.45 hrs, PW-2, a neighbour of PW-1, gave information that the body of the missing daughter of PW-1 has been recovered from a room next to Radha Krishna temple and, therefore, necessary action be taken. This report also suspects none. On this report (Ex-Ka-2), an inquest is conducted and completed at the spot by 17.45 hrs on 2/8/2004, of which an inquest report (Ex. Ka-10) is prepared by PW-7, thereafter, on 3/8/2004, by about 2.20 pm, autopsy is completed by PW-5. The autopsy report (Ex. Ka-3) notices marks around the neck of the deceased and, as per the the doctor, opines that death was due to asphyxia as a result of ante mortem throttling. The estimated time of death, as per the autopsy report, which was completed at around 2.20 pm of 3/8/2004, is three days before. In between, plain earth and blood-stained earth was lifted from the spot and a piece of paper (a wrapper of Hello Kismis toffee) was found on the floor, near the right hand of the deceased. A composite recovery memo (Ex. Ka-12) of plain/blood-stained earth and toffee wrapper was prepared by PW-9 and, later, vide GD Report No.28 (Ex. Ka-13), dtd. 2/8/2204, at 22.30 hrs, case crime no.120 of 2004 was registered at P.S. Sirsa Kalar, district Jalaun, under sec. 302 IPC, against an unknown person. Subsequently, on 3/8/2004 statement of PW-1 (father of the deceased- informant); PW-8 (mother of the deceased) and others including PW-4 (uncle of the deceased) were recorded under sec. 161 CrPC and, thereafter, the accused-appellant and co-accused Raju were arrested, who, reportedly, confessed their guilt. After carrying out usual steps of investigation and after completing the investigation, PW-9 (the investigating officer - I.O) submitted a charge sheet (Ex. Ka-14) against two persons, namely, Raju Yadav (non appellant) and Jeetu (the appellant). On 10/2/2005, Raju Yadav (co-accused) was declared juvenile and his trial was separated, whereas the trial proceeded against the appellant after framing of charges, under Sec. 376 read with Sec. 511 IPC and Sec. 302 IPC, vide order dtd. 25/4/2005, on pleading not guilty and claiming for a trial. PROSECUTION EVIDENCE

(3.) During the course of trial, as many as 10 prosecution witnesses were examined. They are as follows:-