RAJENDRA Vs. STATE

JUDGEMENT

(1.) Heard Sri S.M. Nazir Abbas Abedi, learned counsel for the appellant and Sri Awadhesh Narayan Mulla, learned A.G.A. and Smt. Manju Thakur, learned brief holder for the State.

(2.) By way of instant Jail Appeal, challenge has been made to the validity and sustainability of judgment and order of conviction dated 27.06.2005 passed by Additional Sessions Judge (Fast Track Court No. 5), Meerut in Sessions Trial No. 527 of 2004, u/s 302, 506 I.P.C. (State Vs. Rajendra) arising out of Case Crime No. 106 of 2004, Police Station-Hastinapur, District-Meerut, whereby, the appellant-Rajendra has been sentenced to imprisonment for life coupled with fine of Rs. 10,000/, in case of default of payment of fine, two years further imprisonment, under Sec. 302 I.P.C. Appellant has been acquitted of the charge u/s 506 I.P.C.

(3.) The prosecution case in short, as discernible from record, appears to be that informant-Harish Chandra s/o Buddh Singh r/o Village-Hastinapur, District Meerutlodged written complaint Ex.Ka.1 in police station-Hastinapur against accused Rajendra s/o Charan Singh on 01.05.2004 at 07.30 A.M. with allegations that on 01.05.2004 in between 4.00 A.M. to 5.00 A.M., his niece Kumari Mamta d/o Chetan had gone to answer the nature's call. While she was returning, accused Rajendra had caught her and dragged her forcibly inside a secluded room. Hearing screams of Km. Mamta informant Harish Chandra, her father Chetan, Rohtash s/o Ramphal, Satish s/o Girwar woke up and rushed towards the place from where the screams of Km. Mamta were coming. On reaching there, they found Rajendra had mounted on the chest of Km. Mamta and was stabbing her with a knife by one hand and gripping her throat with the other. On their arrival at the place of incident, the accused-appellant Rajendra made good his escape from the crime scene with the bloodstained knife after threatening the witnesses with dire consequences if they dared to divulge his name as the perpetrator of the crime. Km. Mamta was wriggling with pain on account of stab wounds inflicted on her by the appellant and succumbed to her injuries after a short while.