RAJENDRA AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) The appellants have challenged the judgment and order dated 05.08.2013 passed by the learned Additional Sessions Judge, Court No. 8, Bijnor passed in ST No. 483 of 2007, (State Vs. Ravi and others) arising out of Crime No. 1460 of 2005 under Sections 366, 376 (2)(g), 304 IPC, PS Haldaur, District Bijnor whereby the remaining accused were acquitted; whereas accused Ravi Kumar and Rajendra were found guilty of the offences punishable under Sections 366, 376 (2)(g) and 304 IPC sentencing each of appellants to seven years' rigorous imprisonment and a fine of Rs.5,000/-, ten years' rigorous imprisonment and a fine of Rs.10,000/- and ten years rigorous imprisonment and a fine of Rs.15,000/- respectively with default stipulation.

(2.) Filtering out the unnecessary details, the case of prosecution is that Jai Singh, husband of the deceased got lodged a written report on 28.11.2005 stating that on 27.11.2005 his wife had gone at 4:00 PM to the shop of accused Ravi Kumar to bring medicine. When she did not return home, inquiries were made and it revealed that accused appellants Ravi Kumar and Rajendra had enticed her away. On 28.11.2005, the informant, Ram Gopal, Harpal, Chandra Pal and brother of the deceased Kalwa Singh while tracing the deceased reached near the sugarcane fields near Idgah. At about 4:30 P.M., they heard the groaning voice of deceased. They reached the field and found the deceased lying in intoxicated condition. Ravi Kumar and Rajendra were beaten and apprehended on the spot. The victim was got released from them. The two accused had also raped the victim and were brought to the police station where report was lodged. On the basis of this written report, chik FIR was scribed, which was proved by PW-14 SI Sohan Singh as Ext. Ka-16. SI Sohan Singh has conducted the part of investigation, recorded the statement of the scribe, prepared and proved the site plan as Ext. Ka-14. Further, he recorded the statement of Tilak Singh, Yogesh, a pair of lady's slipper was recovered from the spot, which were taken into the possession and the memo was prepared, which was proved by this witness as Ext. Ka-15. He also recorded the statement of Dal Chand, Ram Gopal, Chandra Pal Singh, Har Pal Singh. On 02.12.2005, the statement of one accused was recorded and he was apprehended. The further investigation was transferred to SO, Haldaur, District Bijnor. Chik report and GD was prepared by Sumodh Kumar, Head Constable, which was proved by him. The copy of GD was proved by this witness as Ext. Ka-17. The sealed bundle of the pair of lady's Chappal was opened before the Court in the presence of this witness which were marked as material Ext. 10 , 11 and 12. Further investigation was conducted by PW-15 ST Kushal Pal Singh. He copied the inquest report in the case diary. He recorded the statement of Constable Mal Singh, Constable Ram Kisan, witnesses Chandra Pal Singh, Naubat Singh and Prakash. He further recorded the statement of witnesses Ramesh Singh, Pooran Singh, Gopal Singh, Ram Gopal and Barfia Devi. On 13.01.2006, he recorded the statement of Dr. V.K. Goel. On 16.01.2006, he recorded the statement of SI Suresh Chandra and Head Muharrir Sumodh Kumar. The investigation ended into a charge sheet which was proved by this witness as Ext. Ka-18.

(3.) The prosecution examined sixteen witnesses in support of its case. PW-1 is Jai Singh, the informant who proved the first information report as Ext. Ka-1. PW-2 is Kalwa singh, the brother of victim (deceased). PW-3 is Chandra Pal who is witness of the inquest report. PW-4 namely Dr. Raj Kumar conducted post-mortem examination on the body of the deceased and found the following ante-mortem injuries on the body of deceased :