ATAR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Criminal Appeal No. 7316 of 2007 by the accused-appellant Atar Singh and Criminal Appeal No. 7055 of 2007 by accused-appellants Desha alias Desh Raj and Veer Singh have been filed challenging the impugned judgment and order dated 29.09.2007 passed by Additional Sessions Judge, Court No. 9, District- Muzaffar Nagar in Sessions Trial No. 1225 of 2002 (State of U.P. Vs. Desha alias Desh Raj and others); Crime No. 92 of 2002, Police Station Kakrauli, District Muzaffar Nagar, whereby all the accused-appellants were convicted and sentenced under Sec. 302 read with Sec. 34 Penal Code with life imprisonment along with fine of Rs. 20,000.00 each and in case of default in payment of fine to further undergo two years' additional imprisonment each. As both the appeals arise out of a common judgment dated 29.09.2007, they were heard together and are being decided together.

(2.) The brief facts of the case are that a written report Ex. Ka-1 written by Randhir Singh (DW-3) was given by the complainant Rajveer (PW-1) at the police station alleging that on 09.07.2002 at about 7:00 p.m., Sahendri, wife of the informant and his daughter Pinki aged about 15 years went towards fields to dump the garbage and to attend the call of nature. After throwing the garbage, they were sitting at a little distance to attend the call of nature. At that moment his daughter Pinki screamed, whereupon his wife also raised alarm. Hearing the commotion of his daughter and wife, informant along with neighbours ran towards that place and saw that his daughter Pinki was being dragged, with an intention to ravish her, by the accused-appellants towards the field of one Atar Singh son of Jaggan Singh. When his daughter Pinki resisted, they murdered her by assaulting on her neck and face and pressing the neck. Seeing the complainant and others coming towards them, accused-appellants ran away towards east leaving his daughter in the field of Atar Singh. When the complainant saw his daughter, she was already dead. The corpse of Pinki was brought to the house of complainant.

(3.) On the basis of written report Ex. Ka-1 of informant Rajvir Singh, PW-5 S.I. Karna Singh registered a Chik F.I.R. Ex. Ka-4 in case crime No. 92 of 2002, under Sec. 302 IPC, which was entered in G.D. No.27 time 21.15 'o' clock dated 09.07.2002, carbon copy of which is Ex. Ka-5. The investigation was handed over to PW-6 SI Amar Singh, who immediately reached at the house of informant, where corpse of Pinki was lying.