RAM PAL Vs. STATE

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 13-2-1998, passed by the then learned III additional Sessions Judge, Rae Bareli sentencing the convict appellant to undergo imprisonment for life for the offence punishable under Section 302, I.P.C. and three years R.I. for the offence punishable under Section 404, I.P.C. The sentences were directed to run concurrently.

(2.) The prosecution case in brief giving rise to this criminal appeal is that on 7-9-1995, the deceased Smt. Kusma was cutting fodder from the field at about 5.00 p.m. When she had not returned after it became dark, her Devar (brother-in-law) Shiv Sahai PW-2 went to search for her. Several other villagers also went for searching Smt, Kusma. When they reached towards south of the village, the villagers Gajaraj, Chandrika Prasad and others raised alarm that Smt. Kusma is lying dead here. The First Information Report (Ext. Ka-1) regarding the occurrence was lodged by the Informant Sheetal Lodh at police station Khiro, district Rae Bareli. The I.O., M. P. Singh PW-8 has deposed that he along with Shiv Sahai and others went behind the victim appellant when he had confessed that he has committed the crime since he wanted to have sexual intercourse with the deceased Smt. Kusma to. whom he had told regarding his intention to commit sexual intercourse. Deceased Smt. Kusma had not agreed to it, rather she told that she will disclose regarding proposal of the appellant Ram Pal to every one of the village, at which the appellant Ram Pal became angry and has committed the murder by inflicting sickle blows on the neck of the deceased. The appellant has further confessed that he could take out the ornaments worn by victim which included the locket of "Durga Maa" as well as the sliver anklet-bell together with golden nose ring from her nose. The appellant had also told to the I.O. that he has kept the weapon of assault as well as ornaments at a concealed place in his house which he can handover to the I.O. The accused was leading them went inside the western room of his house and took out the recovered articles from the Tak towards the south of the door of said room. The appellant had further confessed that it was the sickle by which he has murdered the deceased Smt. Kusma and took out these ornaments which were worn by her. The sickle was sealed in a cloth and in the meantime Km. Usha Devi, the niece of the decease, reached there and had identified those ornaments. Thereafter those ornaments were separately sealed in a polythene bag.

(3.) The dead body of the deceased Smt. Kusma was sent for post-mortem and the post-mortem on her dead body was conducted by PW-4 Dr. R. K. Verma, Senior Medical Superintendent of District Hospital, Rae Bareli, who has found the following ante-mortem injuries on the person of the corpse.