NEM SINGH @ MULA Vs. STATE OF U.P.

JUDGEMENT

(1.) A judgement dated 9.5.2011, passed by the Sessions Judge, Mainpuri convicting the appellant to death sentence under section 302 I.P.C and rigorous imprisonment for 12 years under section 376(2) (f) I.P.C and a fine of Rs. 25,000/, and in default of payment of fine, one year additional sentence, has been challenged by means of this capital appeal, preferred by the appellant. A reference under section 366 Cr.P.C for confirming the death sentence has also been sent by the trial court. The co-accused Awadhesh was acquitted by the same judgement, under sections 376 and 302/34 I.P.C, against which acquittal a government appeal has also been preferred by the State. But the said government appeal has not yet been admitted nor has any notice been issued to the accused-respondent Awadhesh.

(2.) The prosecution case was that Sangeeta aged about 10 years and her younger sister Vineeta aged about 8 years were grazing their goats and bullocks in their field on 15.4.2002. As their goats had strayed into the field of appellant Nem Singh, the appellant and the co-accused Awadhesh strangulated her with an Angauchha. When Sangeeta did not return in the night, then her father Ram Autar Singh made an extensive search for her. In the morning Vineeta fearfully disclosed that the appellant Nem Singh and the co-accused Awadhesh had beaten Sangeeta in their field at about 5 p.m. because her goats had entered into their wheat field. They chased Vineeta away along with the goats. The co-villagers Virendra Singh and Ashok Kumar had seen Sangeeta along with the appellant Nem Singh and the co-accused Awadhesh in the field. Her dead body was lying in the field.

(3.) The report of this incident was lodged by PW-1, Om Prakash, the uncle of the deceased at the police station Onchha on 16.4.2002 at 3.30 P.M and a case was registered under section 302 I.P.C at crime No. 96 of 2002 at the said police station by PW-5 HC Sudhir Kumar, who made the necessary G.D. Entry.