STATE OF U P Vs. MADNA ALIAS MADHUA

JUDGEMENT

(1.) The appellant State felt aggrieved by the judgment and order dated 10.7.1997, passed by III ADJ, Aligarh, in S.T. No. 829/1993, State Vs. Madan alias Madua by which the respondent accused Madua alias Madhua has been acquitted of the charges for offences under sections 376/302/511, [PC, and has filed this appeal.

(2.) The prosecution case was that on 9.3.1993 at about 9 A.M. when the informant Akhil Kumar P.W.I reached near the field of Chandra Pal s/o Kishan Pal on his way to his tube well for fetching hay, he heard the shrieks emanating from the field. He rushed in that direction yelling out to offer help. On his call accused Madan alias Madhua emerged from the field of Chandra Pal and ran away. Suspecting his conduct, the informant entered inside the field of and saw his cousin sister Km. Rekha daughter of Brijendra Singh lying naked in a pool of blood and was fluttering. Informant covered her body by cloth. On his inquiry as to who had assaulted her she, groaning in pain, whispered the name of the accused Madua twice and died thereafter without uttering any thing further. On the hue and cry raised by the informant family members and other villagers reached at the spot and were informed by the informant that accused Madan alias Madhua had committed the offence and ran away towards village Sahajpura. They searched in an area of 2 Km. in vain for the accused and subsequently, the informant suspecting that the deceased was sexually assaulted and murdered by the accused got scribed the FIR, covered a distance of 3 kms south and lodged it at the Police Station Madrak, district Aligarh at 1.35 P.M. on 9.3 1993.

(3.) The case was registered by H.C. Udai Veer Singh, who prepared the chik FIR Ex. Ka-14 and G.D entry Ex. Ka-15 in the presence of S.I. Surjeet Kumar P.W, 4, who was the Station Officer of the Police Station and 1st I.O. of the case. Surjeet Kumar started the investigation recorded the statement of the informant, made spot inspection note and site plan Ex. Ka-4. Inquest was conducted under his supervision by the S.I. M.P. Agnihotri. Recovery of blood stained and plain earth (Ex. 7), a copper vessel (Ex.8) and glass bottle ( Ex-9) with recovery memo (Ex. Ka 11) was made by the I.O. On 10.3.1993 the accused was arrested from Aligarh from a milk shop and allegedly, at his pointing out a knife Ex. 2 was recovered from the field of Malkhan Singh in village Susayat. The Investigating Officer also recovered the underwear of the accused. After the transfer of Sujeet Kumar P.W. 4 further investigation was conducted by S.O. Kunwar Pal Singh P.W. 7 who finding no case under Sec. 376 Indian Penal Code, converted it under Sec. 354 Indian Penal Code and then submitted the charge sheet against the accused under sections 354/302, Indian Penal Code on 20.4.1993.