STATE OF U P Vs. RAJJU

JUDGEMENT

(1.) THIS appeal on behalf of State of Uttar Pradesh, has been filed against the judgment and order dated 6 -10 -1981 passed by Sri R.D. Mathur, IV Additional Sessions Judge, Jhansi in Session Trial No. 137 of 1979, State v. Rajju & one Anr. The learned Sessions Judge by the said order acquitted the accaused respondent Rajju and co -accused Dwarka of the charges under Sections 376, 302/34 IPC.

(2.) DURING the pendency of the appeal, co -accused Dwarka died. Hence proceedings of the appeal were abated against him vide order dated 20th April, 2005. The appeal now survives only against the accused -respondent Rajju.

(3.) IT is said that in the morning of 4 -10 -1978 informant Mata Deen and Lallu were ploughing the Kasela Wala field which they had taken on Batai from Amirawali. In the noontime, daughter -in -law of Mata Deen, Smt. Kapoori brought meals. He took his meals. After taking the meals he alongwith Lallu went to the pond to give water to the bullocks. Rajju was present there at that time and grazing his goats, when Smt. Kapoori brought the meals and Mata Deen was taking his meals. When Mata Deen and Lallu were going to the pond alongwith their bullocks, Shrimati Kapoori had told Mata Deen that she would return to house after collecting green fodder from the Junai field. Mata Deen and Lallu when returned from the pond they did not find Rajju there. In the evening when Mata Deen returned to his house, his wife inquired from his about Kapoori on which he told her that Kapoori had returned soon after giving him meals. On this information his son Har Das and Nephew Babu went out in search of Smt. Kapoori. After some time the complainant, Pyarelal and Master Jhundey Lal also went in search of Smt. Kapoori. When they all were going towards Harr they saw Har Das and Babu returning weeping. On inquiry Babu told that the dead -body of Smt. Kapoori was lying in the corner of the Saru field. On this information, Mata Deen and others returned to village, contacted the village Chaukidar Nathu and thereafter went to the field alongwith Chaukidar and several other persons of the Village. At the field they found Kapoori lying naked and her neck tied with Dhoti. After leaving some persons near the dead -body, the complainant alongwith village Chaukidar Nathu went to Police Station to lodge the report, Ext. Ka -1 is the chik report prepared by Constable Clerk Mijaji Lal. Ram Awtar Dixit was the Station Officer Garotha at that time and he took up the investigation in his hands.