CHHOTU ALIAS AJAY Vs. STATE

JUDGEMENT

(1.) This criminal capital appeal from jail along with connected Reference No. 2 of 2011 has been preferred against the judgement of the Additional Sessions Judge (Court no.1), Meerut dated 5.1.2011 awarding death sentence to the appellant under section 302 I.P.C and a sentence of imprisonment for life and a fine of Rs. 5000/ under section 376 I.P.C. In default of payment of fine, the appellant has to further undergo six months additional sentence in this provision. He has also been sentenced to imprisonment for two years and fine of Rs. 2000/ under section 201 I.P.C. In default of payment of fine, he has to undergo three months additional imprisonment. All the sentences were to run concurrently.

(2.) We have heard Sri Sameer Jain, learned Amicus Curie for the appellant and the learned Government Advocate Sri Akhilesh Singh for the State and have perused the trial court judgement and record.

(3.) A report was lodged by Yogesh Kumar on 17.5.2008 at 7.20 A.M at P.S. Parikshitgarh, district Meerut alleging that his seven year old daughter Km. Renu had gone to ease herself in an empty plot in village Poothi on 16.5.2008 at about 7.30 P.M. When she did not return for sometime, the wife of the informant Smt. Geeta made enquiries in the village regarding the whereabouts of her daughter, but the girl was not found. On 17.5.2008 at about 6.00 A.M, the corpse of Km Renu was found in the empty plot in which some refuse had been collected and there were some bushes and undergrowth. The deceased had injury marks on her neck and her private parts. The FIR was scribed by PW-1 Ram Niwas. PW-5 HC. Roop Chand had prepared the check FIR of this offence in his hand writing and made the necessary G.D. entry and registered the case under section 302/201 /376 I.P.C. On that basis, PW-7 SI V.K. Sharma started investigation of the case. He made note of the report and relevant contents of the G.D in the case diary. He also recorded the statement of HC Roop Chand and prepared the site plan. An underwear of the deceased which was lying near her corpse near the bushes was taken into possession by this witness. He conducted the inquest on the corpse of the deceased Km. Renu (Ext. Ka-9), wrote out a letter to the C.M.O for conducting post mortem, prepared a letter for R.I., and prepared the photo lash and completed other formalities. Subsequently on arrival of PW-8, Rajesh Kumar Bharti, who was the S.O. of the concerned Police Station, the investigation was handed over to him and he assumed it on 11.30 A.M on 17.5.2008. He recorded the statements of PW-1 Ram Niwas and PW-2 Shri Krishna and other witnesses. The accused-appellant was arrested at 4.30 P.M from the sugar cane field of Rakesh Tyagi. The police officer also took into possession the underwear worn by the appellant after sealing it. There were some seminal stains on the underwear.