RAJ KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) THIS criminal appeal has been filed against the judgment and order dated 28 -3 -2004 and sentence dated 5 -8 -2004 passed by Additional Sessions Judge, J.P. Nagar in S.T. No. 388 of 2000 whereby the appellant Raj Kumar has been convicted and sentenced to death under Section 302 I.P.C. and imprisonment for life under Section 376 I.P.C.

(2.) THE brief facts mentioned in the report lodged by Sheel Chandra, are that on 9 -10 -2000 at about 9 p.m. his daughter Km. Rinki aged about 8 years was returning to her house from his shop. While she was going back to her house she was enticed away by Raj Kumar. When his daughter did not return they started searching her and announcement was also made from the loudspeaker of Ramlila. In the morning the dead -body of his daughter was found in the field of Girish Tyagi. It is alleged that Raj Kumar strangulated her after committing rape. After registration of the case Hari Maya Sharma had commenced investigation. He reached at the place of occurrence and on his direction SI Late Raja Vats prepared the inquest report. He recorded the statement of Sheel Chandra, Sanjai, Shiv Om, Raj Kumar, Stya Prakash and Suresh and also prepared the site -plan, which is Ext. Ka -13. He also prepared the recovery memo of blood stained and plain earth, which is Ext. Ka -14. SI Raja Vats had also prepared letter to the CMO Ext. Ka -15. He had arrested the accused. The chik report was prepared by Sunil Kumar, Ext. Ka -16 and G.D. entry, Ext. Ka -17.

(3.) THE doctor also examined the vagina of the deceased and found no scratch marks over thigh, labia minore lacerated and hymen lacerated with bleeding. In the internal examination he found fracture of cornea of hyoid bone with congested trachea and bleeding in underlying tissues and in the opinion of the doctor cause of death was asphyxia as a result of strangulation.