NEMPAL Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal capital appeal along with connected criminal reference arise from the judgement of the Additional Sessions Judge ( Court no.15), Bulandshahar dated 28.8.2014 convicting and sentencing the appellant to death sentence, under section 302 I.P.C together with fine of Rs. 20,000/. In default of payment of fine, the appellant is to undergo an additional sentence of one year. Under section 376 I.P.C, the appellant has been convicted to imprisonment for life and fine of Rs. 10,000/. In default of payment of fine, the appellant has to undergo an additional sentence of six months.

(2.) The prosecution case as disclosed in the F.I.R (Ext. Ka 11), lodged by informant PW-1 Dambar Singh at police station Dibai on 14.2.2011 at 9.30 a.m was that his daughter Km. Manju had gone on 12.2.2011 at about 6.00 p.m with another girl Pinki to her wheat field for attending to their cattle but she did not return. A search was made for her during the night and on 14.2.2011, Manju's corpse was found in the middle of the mustard field of Pratap Singh in the informant's village Galibpur by the informant, his son Virendra and co-villagers. In the morning, the informant Dambar Singh and his son Virendra had discovered the dead body in the mustard field of Pratap Singh and that a rope was tied around the neck of the deceased and some blood was coming out from her private parts. Some one had committed the rape and then murdered the deceased. On the basis of the FIR dated 14.2.2011, a case was registered at case crime No. 57 of 2011, under sections 376/302 I.P.C at 9.30 a.m against some unknown persons.

(3.) On 15.2.2011, after the informant Dambar was informed by Nannu Singh PW-2 and Ramveer residents of Galibpur that on 12.2.2011, they had seen Manju going along with appellant Nempal at 7.00 p.m towards the fields and Nempal was catching hold of Manju's hand and they were going in the direction of Pratap Singh's mustard field. Nannu and Ramveer thought that Nempal being a co-villager might have been walking with Manju for no particular reason. On receiving this information the informant became suspicious that Nempal had raped and murdered Manju and he had moved the application on 15.2.2011 (Ext. ka 11A) for stringent action against Nempal.