UMESH Vs. STATE OF U.P.

JUDGEMENT

(1.) Urmesh, the appellant, was tried by 1st Additional Session Judge, Bareilly in S.T. No. 48 of 1996 State Vs. Urmesh for offences under Sections 376/302 I.P.C. relating to Crime No. 370 of 1995 Police Station Fatehganj, District Bareilly and was convicted and sentenced to imprisonment for life for each of the offences under Sec. 376 I.P.C. as well as 302 I.P.C. The aforesaid convictions and sentences has been challenged by him through the present appeal.

(2.) The synopsized allegations against the appellant are that the three siblings Rinki aged about 8 years and her twins brothers Sanjeev and Rajeev aged 6 years, all children of Suraj Pal Singh, first informant, had gone to sugar cane field for chewing of sugar and after that they started playing there. After sometime, the twins brothers Rajeev and Sanjeev came back to house but Rinki did not return. Informant asked his sons regarding Rinki on which he was informed that she was in the sugar cane field. When Rinki did not return till 11:00 a.m., then the informant went in search of her .On the call for Rinki yelled out by the informant Urmesh S/o Shivram Singh the: present appellant, appeared from the sugarcane field of Shree Pal Singh, Village Pradhan, adjusting his underwear and ran towards the west. Informant sensing something wrong took Ved Pal Singh PW 2, Nakshatra Pal Singh and Shreepal Singh alongwith him and went inside the sugarcane field of Shree Pal Singh, Village Pradhan where he found the dead body of his daughter Rinki. Her undergarments were untied and there was mark of injury on her neck. Her abdomen was also incised and it seemed that her chastity was ravished and thereafter she was done to death. This incident was alleged to have taken place on 16.10.1995 at 11:00 a.m. Informant Suraj Pal Singh got the first Information Report, Ext Ka 1, scribed through Jagpal Singh Rathore ' PW3, and after covering a distance of 10 Kms South lodged his First Information Report at Police Station Fatehganj, East, as Crime No. 370. of 1995 under Sections 376/302 I.P.C. on the same date at 7.05 p.m.

(3.) Head Constable Yad Ram prepared the chik F.I.R. (Exhibit Ka-5) and G.D Entry (Exhibit Ka-6), and S.H.O. Harish Mehra PW-5 engineered the investigation, recorded the statement of HC Yadav Ram and then proceeded for the spot. At the spot he recorded the statements of the informant Suraj Pal Singh.Ved Pal. Nakshatra Pal and Shree Pal. He stayed in the village during the whole night.Next day morning (27.10.1995) he got the inquest report(Exhibit Ka-7) and other papers Challan lash (Exhibit Ka-8), Photo lash (Exhibit Ka-9), letter to R.I. (Exhibit Ka-10), letter to C.M.O. (Exhibit Ka-11), prepared through Sub Inspector Sant Ram Yadav and then dispatched the dead body to mortury for autopsy through Constables Om Prakash and Charan Singh. Thereafter, he conducted the spot inspection prepared site plan (Exhibit Ka-13) and recovered the blood stained earth from the place of the incident and prepared it's recovery memo (Exhibit Ka-12). He also-arrested the accused from the house of Shreepal Pradhan that day and recorded his statement and at his pointing out recovered Darati the weapon of assault from his house which is material Exhibit-1 and it's recovery memo as Exhibit Ka-2. He also prepared the map of place of recovery as (Exhibit Ka-14). During investigation he also recovered the undergarments of the accused and sent it for chemical examination on 3.11.1995. Finding prima facie offence being disclosed against the appellant, Investigation Officer submitted charge sheet (Exhibit Ka-16) hi the Court. Since the charge sheet submitted by him had got some cuttings on it therefore on the instructions of Circle Officer he prepared another charge sheet on I 3.11.1995 (Exhibit Ka-17) and submitted that also in court.