MUNESH IN JAIL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Munesh was charged by the Additional Sessions' Judge/ Special Judge (E.G.), Bulandsahar, in Sessions Trial No. 748 of 2002, for offences punishable under Sections 302, I.P.C. and 376, I.P.C. Vide judgment and order dated 15-2-2003, the learned Judge convicted and sentenced him, in the manner stated hereinafter : (i) Under Section 302, I.P.C. to death; and (ii) Under Section 376, I.P.C. to imprisonment for life. His sentences were directed to run concurrently. Aggrieved by his convictions and sentences, Munesh has preferred Criminal Appeal No. 737 of 2003, in this Court. Capital Sentence Reference No. 07 of 2003 arises out of the reference made by the learned Trial Judge under Section 366(1), Cr.P.C. for confirmation of death sentence of Munesh.

(2.) Since both Criminal Appeal No. 737 of 2003 and Capital Sentence Reference No. 07 of 2003 arise out of a common factual matrix and impugned judgment, we are disposing them of by one judgment.

(3.) Shortly stated, the prosecution case runs as under : The informant Kanchhi Lal P.W. 1 is the father of deceased Roshni. On 5-3-2002, at 11.05 pm. he lodged a written F.I..R. at police out post Khurja Junction (district Bulandshar), alleging therein that on the said date, at 4.30 p.m. when his daughter Roshni, aged about 11 years, had gone to prepare cow dung cakes in the cremation ground of Jatavs' and while she was preparing them, the appellant forcibly took her in the wheat field of Jalil Kadar where she raised cries, hearing which Madan Lal P.W. 2 and Suresh Chand P.W. 3 came to the said field and saw appellant Munesh strangulating her with a Dupata and thereafter, running away. They chased appellant Munesh, but could not catch him. When they returned, they saw Roshni was lying in a naked condition. The said F.I.R. was lodged by Kanchhi Lal on the information furnished by Madan Lal and Suresh Chandra.