HARI SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri D.R. Chaudhary, learned Counsel for the applicant, and the learned A.G.A.

(2.) THE applicants has applied for bail in Case Crime No. 119 of 2005 under Sections 376 and 306 I.P.C. P.S. Shahi District Bareilly.

(3.) ACCORDING to that report, the parents of the deceased Durgesh Kumari had gone to Delhi on 24 -3 -2005 who attend Satsang of Satgurudev Maharaj and the deceased remained alone at her house because one Tula Ram, the brother of the first informant was also living in the village. The deceased was student of Class -IVth. On 24 -3 -2005 at about 8 p.m., she had gone to attend the call of nature out side the village but she did not return after a considerable period then one Tula Ram went towards the place of occurrence in search of the deceased. He heard the Shriekh of the deceased from the field of one Mohan Swaroop. He proceeded towards there by flashing a torch light and saw the applicants and co -accused Nanhey Lal and Prem Pal who were committing the rape at the pistol point by pressing the mouth of the deceased. Thereafter, the applicants and other accused persons ran away leaving the deceased at the place of occurrence. The deceased disclosed the fact before all the persons who gathered at the place of occurrence that she was forcibly lifted by the applicants and two other co -accused persons and taken to the field of wheat where she was raped by the applicants and 2 other co -accused persons at the pistol points. The parents of the deceased were not present at the house so the F.I.R. was not lodged immediately thereafter. But thereafter certain derogatory remarks were also passed by the applicants and other co -accused persons on the deceased and she was harassed and mentally tortured. On 28 -3 -2005, the parents of the deceased came to Bareilly from Delhi but the father of the deceased stayed at Bareilly for some work and the mother of the deceased came to village Lalpur. The deceased disclosed all the facts to her mother at about 8.00 p.m. on 28 -3 -2005. The mother of the deceased went to the house of Khem Karan Lal. In the meantime, the applicants and two other co -accused persons entered into the house of the deceased by crossing a boundary wall and the main gate was closed by them from inside and they committed murder of the deceased by throttling and to conceal this act and to divert the attention of all the persons, the deceased was hanged by them at the door and they ran away from the house by jumping the boundary wall. They were seen by Deena Nath when they were jumping the boundary wall subsequently, it was found that the deceased was hanging thereafter, rope was cut and she was taken down but and the deceased had died and on that information, Ayodhya Prasad, the father of the deceased came in the village in the same night. But, the Chaukidar went to police station to gave this information.