CHAILU Vs. STATE OF U P

JUDGEMENT

(1.) -This capital criminal appeal has been preferred by appellant Chailu against his conviction and sentence to imprisonment for life under Section 376, I.P.C. and to sentence of death under Section 302, I.P.C. by judgment and order dated 11.10.2006, passed by the Additional Sessions/Special Judge, Court No. 21, Shahjahanpur. A reference No. 11 of 2006 for confirmation of death sentence against the appellant has also been received from the Sessions Judge.

(2.) WE have heard learned counsel for the appellant, Sri K. N. Raha and the learned A.G.A. for the State, and perused the judgment and record of this case.

(3.) THE hymen of the deceased was lacerated and blood was present on both thighs. THE brain, lungs, liver, spleen and kidneys were congested and the hyoid bone and tracheal rings were fractured and the larynx and trachea were congested. THEre was 150 cm. of pasty food material present in the stomach. THE slide of vaginal smear was prepared and was sent to the pathologist, District Hospital, Shahjahanpur. THE cause of death was asphyxia due to ante-mortem strangulation. THE deceased could have died at 9 a.m. on 16.10.1999 and it was possible that she might have been raped prior to her murder. After recording the statements of the witnesses Ram Naresh and Smt. Leelawati, he prepared the site-plan (Ext. Ka-11). After the accused was arrested on 20.10.1999 (vide G.D. marked as Ext. Ka 12), the investigation was transferred on 1.11.1999 to another S.I. Krishna Baghel, P.W. 5, who submitted the charge-sheet (Ext. Ka-13) on 13.11.1999. THEreafter the case was committed and the charges framed against the appellant under Sections 376 and 302, I.P.C. on 29.2.2000, to which he pleaded not guilty and claimed to be tried.