HARISHANKAR Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has been preferred by the appellant Hari Shankar alias Gantha from Jail against the judgment and order dated 05.04,2003 passed by Sri Aditya Prakash Sharma, Additional Sessions Judge (Court No. 1), Bareilly, whereby he has been convicted under Sections 376, 302 and 201 read with Section 511 I.P.C. He has been sentenced for the said offences to 10 years R.I., life imprisonment and 3 years R.I. respectively as also with a fine of Rs. 4,000/-, 5,000/and 3,000/- in the same order. In default of payment of fine, 9 months imprisonment, one year's imprisonment and three months further imprisonment in the same order have been awarded.

(2.) The relevant facts, briefly stated, are that the complainant Phool Singh alias Phoola, (P.W.1) son of late Bundu Lal Kashyap r/o of village Brahmpura, P. S. Prem Nagar, Bareilly submitted a written report (Ex.Ka-1) at P.S. Prem Nagar, Bareilly on 25.02.2000 at 16.30 hours disclosing that Smt. Rama Devi's roof was adjacent to the complainant's roof; that the complainant's daughter Km. Kavita, aged about 10 years, used to visit the house of Rama Devi through the said roof to help her in making kandas (cow dung cakes); that on the date of report at 4.00 p.m. she, as usual, went to the house of Rama Devi; that Rama Devi was not in her house at that time; that Hari Shankar alias Gantha (son of Rama Devi) finding Km. Kavita alone in his house, caught hold of her, took her forcibly inside the room and raped her; that Km. Kavila raised cry whereupon the complainant, his wife and other people of the locality including Rama Devi reached there but found that the doors of the room were bolted from inside; that the doors were broken open and after entering into the room, the complainant and others saw that Hari Shankar alias Gantha, after committing the murder of Km. Kavita, was keeping her dead body in a wooden box; that the complainant and others caught hold of accused Hari Shankar alias Gantha . A case was registered on the basis of the FIR lodged by the complainant in writing.

(3.) The investigation was conducted by P.W.4 Diwan Giri, Inspector, P.S. Kotwali.