JAGTA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These two appeals have been preferred against the judgment and order dated 05.05.2015 passed by the Learned Additional District and Sessions Judge, Court No.2, Moradabad in Session Trial No. 419 of 2010, (State vs. Sunder Singh and Anr) under Sections 302/34, 376 of Indian Penal Code (hereinafter referred to as IPC) and Section 3(2)(v) of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as SC/ST Act), P.S. Asmoli, District Sambhal (Sessions Division Moradabad), whereby appellants Sunder Singh and Jagta have been convicted under Sections 302/34, 376 (D) IPC and 3(2)(v) SC/ST Act. Both the appellants were sentenced to imprisonment for life along with fine of Rs. 10,000/- each under Section 302/34 IPC, imprisonment for life along with fine of Rs. 10,000/- each under Section 376-D IPC and imprisonment for life along with fine of Rs. 10,000/ each under Section 3(2)(v) of SC/ST. In default of payment of fine, they have to undergo three years rigorous imprisonment under each head. All the sentences were directed to run concurrently.

(2.) Prosecution version is that on 09.12.2009 at 8:00 AM complainant's wife Suman has gone to jungle for agriculture work in sugarcane crop and after that at around 10:30 PM, complainant's sister, aged 14 years, (who has been referred in this judgment as deceased) has left her home to go there for collecting fodder from Suman. One Samar Pal and Mukhiya @ Dinesh have also seen the deceased while she was going to jungle but deceased did not reach there. When Suman came at her home and inquired about deceased, complainant's father PW-2 Karan Singh told her that the deceased has left home at about 10:30 AM to collect fodder from her. Complainant's wife Suman, father and one Karan Singh started search of deceased and when they reached near sugarcane field of Kripal Singh, at around 01.00 PM, appellants/accused Sunder Singh and Jagta came out from said sugarcane field and when they were asked about deceased, they flurried and ran away from there. When complainant's wife, father and Karan Singh made search in the same sugarcane field, dead body of deceased was found lying inside the said sugarcane field. There was a rope around her neck and her clothes were lying scattered. As per complainant, both the appellants have committed rape upon his sister deceased and due to the fear, they committed her murder. One Samar Pal and Mukhiya @ Dinesh told that when deceased was going to jungle, both the accused appellants were present near the spot as they were collecting water pipe there and except them there was no other person and thus, murder of deceased was committed by them.

(3.) Mentioning all these facts, complainant Padam Singh has submitted a tahreer Ex. Ka-1 at police station and on that basis, case was registered against both the appellants-accused under Sections 376, 302 IPC and 3(1)(12) SC/ST Act on 09.12.2009 at about 17:35 hours vide FIR Ex. Ka-2.