ANIL KUMAR GOEL Vs. STATE OF U P

JUDGEMENT

(1.) -This appeal has been filed against the judgment and order dated 3.5.2001, passed by Ist Additional Sessions Judge, Ghaziabad in S. T. No. 909 of 1999 whereby the appellants have been convicted under Section 302, I.P.C. and sentenced to undergo imprisonment for life, under Section 376, I.P.C. and sentenced to undergo imprisonment for 10 years and a fine of Rs. 5,000 each and in default of payment of fine further imprisonment for six months.

(2.) THE brief facts of the case, according to the first information lodged by the informant Mukesh Jain against the appellants and one Rajan Thakur at P. S. Lone, district Ghaziabad on 3.4.1999 at 5.15 p.m., are that on 3.4.1999 the informant alongwith his wife Satyawati and two sons had gone to take medicine for epilepsy from Janwale Baba, Behta Hajipur. He left his daughter Ritu aged about 13 years and a son aged about 7 years at home. At about 3.30 p.m. when they returned they saw that his daughter Pooja was peeping inside the room and she told them that Anil Jeeja and his two friends are assaulting Ritu. He, his wife and Virendra Jain also peeped inside the room and saw that Sheeshpal was catching hold of the leg of his daughter and Rajan Thakur was catching hold of her hands and Anil Goel was assaulting her with a knife on her neck. THEy entered into the room by breaking open the door. THE accused persons by brandishing brick, danda and knife ran away and also threatened them. Anil used to come to his house alongwith Sheeshpal and Rajan Thakur and they were known to them from before. THEy were also seen running away by the people of the locality and they had tried to apprehend them but they could not do so. He saw that his daughter Ritu was also raped and her dead body was lying inside the room.

(3.) IN the opinion of the doctor the cause of death was asphyxia and shock due to injuries.