AKHILESH KUMAR BHOLA SINGH ALIAS BHOLA Vs. STATE

JUDGEMENT

(1.) H. C. Mital, J. Both these appeals arise from a common judgment dated 13-2-1985 passed by Sri B. Lal, Additional Sessions Judge, Agra in Sessions Trial No. 218 of 1983 convicting both the appellants, under Section 376 and further convicting Allahabad under Section 302 and Bhola under Sec tion 302 read with Section 114, IPC but sentencing both of them for each offence to file imprisonment.

(2.) THE prosecution case in brief is that the victim Smt. Meenu Dadlani, a young lady, was daughter-in- law of Sri J. K. Dadlani (P. W. 8) and had come to Jhansi at her father-in-law place to deliver her child. When the child had become about four-five months old on 17-3-1983 Sri J. K. Dadlani got her boarded on Tamil Nadu express for New Delhi. Sri J. K. Dadlani had informed his daughter Smt. Damyanti Hamrajani (P. W. 2) to receive Meenu Dadlani at New Delhi Railway Station. Smt. Meenu Dadlani had occupied 11 class compartment of the train which happened to be the last compartment of it and there was a brake van between the compartments and the compartment occupied by her. Thus inspite of the fact that the Tamil Nadu Express is a vestibule train, any occupant of the last compartment could not go to any other compartment of the train, nor of the latter could come to the last compartment.

(3.) GOREY Lal (P. W. 9) was Deputy Station Superintendent, his duty was to check the passing of the Tamil Nadu Express. When he found that the train had stopped there, he enquired from the driver of the train why he had stopped the train then he was told by the driver that the Guard had informed him that a body was lying in the compartment and, therefore, on his instructions he had stopped the train, GOREY Lal (P. W. 9) then went to his office and informed the G. R. P. Police Station on phone about the body of a lady lying in the compartment and on receipt of it an entry was made in General Diary and Inspector, Sheo Kumar Tiwari (P. W. 24) left for the platform but when he arried at the platform, he found that Sri Sachdeva had already gone with appellant Akhilesh Kumar and the witness Milin D. Patil to the G. R. P. Police Station. He got the com partment disconnected from the train and asked the Station Master to detain the guard and conductor of the train at Agra for interroga tion. He then went back to Police Station G. R. P. and there he found Sri Sachadeva Guard, appellant Akhilesh, witness Milm Patil and others. On the basis of the F. I. R of Sri Sachdeva guard the case was registeted. Sri Sacheva also handed over to him the two gold ear rings, two pieces of black sattan cloth and a phial of perfume of the deceased which the appellant Akhilesh had with him and told the guard belonged to the deceased lady. S. I. Tiwari then took in his possession underwear of the appellant Akhilesh and sent him for medical examination. He sent for a photographer and returned to the station at the compartment wherein the deceased was lying. The photographer (P. W. 1) Harpal Singh took the photographs of the deceased and the child Ex. 1 to 3. S. I. Tiwari took in his possession the two pieces of rope (Ex. 16 and 17) by which hands and feet of the deceased were tied through memo (Ex. ka 25 ). He also seized underwear Ex. 18 of the deceased through Memo Ex. ka 37. He also prepared inquest report Ex. ka 47 of the deceased and with necessary papers sent the same in sealed condition for post mortem. He also seized the blood- stained floor alter removing it from the compart ment and also the articles of the deceased lying there. He also prepared a s,ite plan (Ex. ka 53) of the compartment. He found ticket of the deceased from Jhansi to Delhi in her hand bag and then sent messages to Jhansi and Delhi through Station Superintendent.