RAM DARASH RAI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dated 16-11-1990 passed by the District and Sessions Judge, Basti, in S.T. No. 59 of 1990, whereby the present appellant was found guilty for offences under Section 302 and 376, I.P.C. and was sentenced to life imprisonment and rigorous imprisonment for ten years respectively for the aforesaid two offences. The sentences were to run concurently. Upon presentation of the appeal, bail was not granted to the appellant.

(2.) The alleged incident took place on 8-2-1990 at about 12 noon in the agricultural fields of village Satahara 6 or 8 kilomters from police station Mahuli in the district of Basti. The report was made on the same day at 5.35 p.m. by Ram Dulare, father of the deceased Sheela, upon which case crime No. 31 of 1990 for an offence under Section 367/302, I.P.C. was registered at police station Mahuli. The present appellant was named in the FIR and it was stated in the report of Ram Dulare that on the fateful day Sheela, aged about 14 years, had gone to their wheat field for collecting mustard plants for feeding the cattle. Finding her alone in the field the appellant tried to ravish her and when she raised alarm Ram Darash Rai strangulated her with her own dupatta. The complainant, his wife Smt. Sonmati and his brother Hari Ram were standing on a culvert over a canal near the place of occurrence. They were talking amongst themselves when, at about 12 noon, they heard the alarm of Sheela. They rushed towards the fields and saw Ram Darsh Rai coming out of the fileld and running away towards north. He was chased but could not be apprehended. The complainant and others thereafter went to the filed found the wheat plants trodden and the girl was found lying dead, her dupatta tied around the neck. Her salwar had blood mark. Bewildered the complainant started crying. Villagers assembled in good numbers. At their intervention the deadbody was left there under their supervision and the complainant went to the police station to lodge the report. A pair of slippers of number seven size was found at the spot and was left there. The report was scribed by Satya Narain.

(3.) Investigation was taken up, the accused was arrested, his underwear was seized, the pair of slippers was seized and police also took charge of the dupatta by which she was strangulated. Inquest was done on the deadbody and it was sent for postmortem examination which was conducted on 10-2-1990 at Basti at about 2.00 p.m. The doctor found the deadbody to be of an average built girl aged about 14 years. Death, according to him, was caused about two days prior to the postmortem examination. Rigor mortis was present in the lower limbs. Upon examination of her private parts the doctor found the vagina lacerated, the Hymen lacerated and there was clotted blood in the area. The external genitalia were found congested and lacerated. There was a ligature mark around the neck, horizental and continuous down below the thyroid. There was a contusion around the right upper arm just below the shoulder. A contusion each was there on the right cheek and on the left chest. The stomach contents indicated presence of semidigested rice. The small intestine was full of pesty material and gases. Large intestine was half full of faecal matter. Death, according to the doctor, was due to asphyxia caused by strangulation. The salwar and sameez of the deceased were removed by the doctor and so were the bangles and ear-ring and nose pin which were all sent back with the postmortem report. Chemical examiners report was also received. It indicated presence of spermatozoa in the underwear of the appellant and blood marks were found on the underwear and on the clothes of the deceased.