STATE Vs. SURESH

JUDGEMENT

(1.) The instant capital sentence reference and both the appeals, one filed from Jail and the other filed through counsel, arise out of the judgment of conviction and sentence dated 31-1-1998 passed by Sri A. K. Saksena II/Special Additional Sessions Judge, Hardoi in S.T. No. 803 of 1995, under Sections 376 and 302 of the Indian Penal Code, convicting the appellant Suresh for the offences under the said provisions of law and sentencing him to undergo life imprisonment under Section 376 I.P.C. and to death under Section 302 of the Indian Penal Code.

(2.) The prosecution case, in brief, is that the informant Kishan Pal (P.W. 1) was the resident of Village Jajoopur district Hardoi, and he was uncle of the prosecutrix, minor girl Bitula, who, at the time of the incident, was aged about 10 years. On the fateful date, i.e., the 17th September 1995 Km. Bitula had gone to Jungle for grazing cattle; her brother Ashok (P.W. 3) and one of his friend Mithai lal had also gone along with her. Accused appellant Suresh had also gone to graze cattle in the Jungle; he met Ashok (P.W. 3) and others in the Jungle. At about 2.00 p.m. appellant Suresh asked Ashok (P.W. 3) and Mithai Lal to go to their house for taking food, and on his saying so the latter went away, but when they came back after taking meal they did not find Km. Bitula present over there, so they asked appellant Suresh regarding her whereabouts. Appellant Suresh told them that she might have gone somewhere. According to the prosecution, in the evening when the minor girl Bitula did not return home her uncle Kishan pal (P.W. 1) went in search of her along with some of the villagers but could not trace her in the night. Since Ashok (P.W. 3) had gone out, hence he could not contact his uncle Kishan pal (P.W. 1), Next day again Kishan Pal (P.W. 1) along with some of the villagers went in search of the girl Km. Bitula, and at about 11.00 a.m. her dead body was found lying in the 'Jawar' field of one Munni Lal Mishra, Kishan Pal (P.W. 1), thereafter, went to Police-Station Atrauli and lodged the written report (Ext. Ka-1) which was registered and reduced to writing in the G. D. as report No. 20 by Head Moharrir Prem Bahadur Singh whose signatures have been identified by Head Constable Ram Kripal Bajpai (P.W. 6); it is Ext. Ka-4.

(3.) The Sub-Inspector Sri J. L. Nirmal (P.W. 8) reached the village Jajoopur and prepared the 'Panchnama' of the dead body Ext. Ka-10 in the presence of the 'Panchas' and sent the dead body of Km. Bitula to the hospital for postmortem examination. From the spot one frock, one underwear and one 'Angauchha' were seized and sealed by the Sub-Inspector Sri J. L. Nirmal (P.W. 8) in the presence of 'Panchas'. During investigation the spot map was also prepared. On 19-9-1995 Dr. B. P. Singh (P.W. 4) conducted the autopsy on the dead body of Km. Bitula. His report is Ext. Ka-2. On receiving the postmortem report it came to light that the offences under Sections 376 and 302, I. P.C. had been committed, and hence on 21-9-1995 it was registered as Crime No. 207/95 under Sections 376 and 302, I.P.C., and thereafter the Station House Officer Raghav Ram Mishra (P.W. 7) started investigation of the case. He reached the village and recorded the statements of the witnesses Kishan Pal Singh (P.W. 1), Ram Swaroop (P.W. 2) and one Lalta Bux Singh. On the basis of the said statements it was revealed that accused-appellant Suresh had confessed his guilt before Lalta Bux Singh and Ram Swaroop (P.W. 2). On the next day, i.e. 22-9-1995 accused-appellant Suresh was arrested and sent for his medical examination which was done on 23-9-1995 by Dr. R.C. Verma (P.W. 5); his report is Ext. Ka-3. After completing the investigation in the case the police filed charge-sheet in the Court of the concerned Magistrate wherefrom the case was committed to the Court of Session.