OMPAL Vs. STATE OF U. P.

JUDGEMENT

(1.) This appeal is by the accused appellant Ompal challenging the judgment and order of conviction and sentence, dtd. 27/3/1990, passed by the I Additional Session Judge, Bijnor in Session Trial No. 459 of 1987 (State v. Ompal) arising out of Case Crime No. 69 of 1987, Police Station Sherkot, District Bijnor, whereby he has been convicted and sentenced to life imprisonment under Sec. 302 IPC and seven years' imprisonment under Sec. 376/511 IPC with fine of Rs.1,000.00 and in default of fine he is to undergo six months' additional rigorous imprisonment. All the sentences are to run concurrently.

(2.) The basis of prosecution case is the written report (Ex.Ka.1) of first informant Chain Sukh (PW-1), brother of the deceased, stating that his sister Geeta Devi aged 27 years got married about 4 months back and at around 09.00 AM she had gone on bullock cart (Bailgadi) alongwith his younger brother Hetram to offer morning meal to his father who was in the agricultural field. She returned around 11.00 AM. When informant came to fetch grass at 02.00 PM in the fields his father said that the deceased has not brought his afternoon meal. Informant told his father that she has not returned home after serving food. Informant's father stated that the deceased returned saying that she would return for cutting grass alongwith sister-in-law (Bhabhi). The informant was occupied with agricultural work and when he returned home around 04.00 PM it was found that his sister (deceased) had not returned. Her disappearance was disclosed to Suresh Singh, Hari Singh, Chunnu Singh, Ram Chandra Singh, Leela Singh, Tejpal Singh etc. who joined the informant to locate his sister. While searching her (deceased) in the sugarcane field it was found that at a distance of 100 meter in the field of Jaidev (father of accused appellant) beneath rosewood (shisam tree) naked body of deceased was lying and her petticoat was tied to rosewood and her saree was in three parts, one of which was tied to sugarcane crop. There were injuries on head, neck and cheek of the deceased and she has been intentionally killed.

(3.) On the basis of aforesaid written report the First Information Report (Ex.Ka.4) got registered as Case Crime No. 69 of 1987, under Ss. 302 IPC, Police Station Sherkot, District Bijnor on 22/8/1987 at 09.30 PM. Inquest (Ex.Ka.2) was conducted on the next day as there was no source of light at the place of occurrence. Inquest proceedings commenced at 06.30 AM on 23/8/1987 and concluded at 08.00 PM. The inquest witnesses found that there were injuries on cheek of deceased apart from injuries on her head and other parts of body. In the opinion of inquest witnesses the deceased Geeta died due to injuries caused to her and postmortem be got conducted to ascertain the cause of death. The dead body was consequently sealed and sent for postmortem.