STATE Vs. MADANA ALIAS MADHUWA

JUDGEMENT

(1.) VINOD Prasad, J. 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 v. Madan alias Madhua by which the respondent accused Madan alias Madhua has been acquitted of the charges for offences Sections 376/302/511 IPC, 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. 1 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.) IN the trial the prosecution, to proved the guilt of the accused, examined 7 witnesses, namely, Akhil Kumar P. W. 1 (informant), Ranvir Singh P. W. 2 (not mentioned in the FIR, but saw the accused running in blood stained cloth and with knife), Kunwar Pal Singh, P. W. 3 (hearsay evidence regarding the occurrence), Sujit Kumar P. W. 4 (1st. I. O. of the case), Dr. S. K. Porwal P. W. 5 ( doctor of autopsy ). Dr. P. K. Tyagi P. W. 6 (Pathologist who had examined the accused medically and had prepared his medical examination report Ex. Ka 13) and Kunwar Pal Singh P. W. 7 (the Second I. O. who has converted the case under Section 354 IPC and had submitted the charge-sheet against him ).