(1.) The present appeals have been filed on behalf of accused-appellants- Arvind Kumar, Surjeet, and Babloo, who have been convicted by judgment and order dtd. 30/5/2003 passed by Additional Sessions Judge/ F.T.C. First, Jalaun in Session Trial No.77 of 2000 (State of U.P. vs. Arvind Kumar and others) arising out of Case Crime No.337 of 1999, under Ss. 376(2)(g) and 302/34 I.P.C., Police Station- Kuthond, District- Jalaun and sentenced the appellants to 10 years rigorous imprisonment & fine of Rs.5000.00 under Sec. 376(2)(g) and life imprisonment & fine of Rs.5000.00 under Sec. 302/34 I.P.C. All the sentences are to run concurrently. Both the appeals are against the common judgment and order, hence being decided by a common order.
(2.) The F.I.R. of this case was lodged on 30/11/1999 at 19:45 P.M., under Sec. 376/302 I.P.C. against Surjeet, Arvind Kumar, Babloo, and Raj Kishore on the written information alleging therein that on 30/11/1999, the 13-year-old daughter of informant had gone to collect the grass with Ram Prasad, Babu, and Pramod Kumar. At about 5 P.M., the informant came near the Arhar field of Brij Bhushan Tiwari to collect the grass cut by his father where he heard the screams of his daughter from the Arhar field. On hearing the screams, the informant, his father, Babu, and Pramod Kumar entered the Arhar field. They saw Surjeet, Arvind, Babloo and Raj Kishore were strangulating her daughter by tying her neck with a bed-sheet. On exhortation, the accused ran away. When the informant reached near the victim, she had died. The accused have also committed sexual assault on her because her private part was bleeding and semen spots were present on the clothes. On hearing the noise, several villagers came to the spot. The informant leaving his family members and other villagers beside the dead body, came to the police station to lodge the F.I.R.
(3.) Inspector Harendra Singh- P.W.-8, took up the investigation. He reached the spot, conducted the inquest proceedings on the dead body, prepared related papers, and sent the body for postmortem examination. One cotton bed sheet, two torn pieces of kurta sleeve and one dupatta of the victim, and one slipper alleged to be of accused Raj Kishore @ Guthali were collected from the spot and separate memos were prepared. The Investigating Officer also inspected the place of occurrence and prepared the site plan. He arrested the accused persons and at the pointing out of the accused Raj Kishore one slipper of his right foot, which he was allegedly wearing at the time of the incident was recovered from the Arhar field of Brij Bhushan.