SHYAMLAL MATHURALAL Vs. STATE OF M. P.

JUDGEMENT

(1.) BOTH these matters, the Death Reference made under Section 366 of the Code of Criminal Procedure and the Appeal preferred under Section 374 of the Code by accused Shyamlal, arise out of the judgment dated 29 -11 -2000, rendered by Shri J.S. Verma. Additional Sessions Judge, Bhanpura, in Sessions Trial No. 73/2000, convicting accused Shyamlal under Sections 302, 376 and 201 of the Indian Penal Code. He is sentenced to death for the offence under Sections 302 of Indian Penal Code. No separate sentences have been passed for the offences under sections 376 and 201 of Indian Penal Code.

(2.) IT was indeed a gruesome crime which took place on 2nd February, 2000, when 8 years old female child namely. Kaushalya was raped and then throttled to death. Deceased Kaushalya lived with her maternal -uncle Ramlal (PW 5) at village Dhuankhedi. Accused Shyamlal resided in the neighbourhood of Ramlal. Kaushalya left home around 11.00 a.m. but did not return. Her maternal -uncles made search for her in and around the village and when her whereabouts could not be traced, a report vide Ex.P/3 was lodged by Prakash (PW 2), the son of Ramlal at Police -outpost Bhensoda in the following morning at 5.10 a.m. on 3 -2 -2000. The report was entered in the Register of 'Gumshudgi at SI. No. 3/2000. Later in the day, around 9.30 a.m., dead body of the girl Kaushalya was found lying in a field on the back side of house of one Hardeo Rathore. There were injuries on her private part. Immediately the matter was reported by Kalunath (PW 1), another uncle of the deceased at out -post Bhensoda, on the basis of which, F.I.R. vide Ex.P./1 registering a crime under sections 302 and 376 of Indian Penal Code, was recorded. Later on this report was sent to P.S. Bhanpura, where formal FIR (Ex.P/2) was registered and the investigation followed.

(3.) AUTOPSY of the body of the deceased was performed at District Hospital, Mandsaur, the same day at 4.30 p.m. The post -mortem report (Ex.P/18) confirmed commission of rape on the deceased girl and homicidal nature of her death. It was reported that she was throttled to death. Her clothes Frock and Chaddi were removed from her body, sealed and sent to police for analysis. The accused was also got examined medically the same evening at 9.30 p.m. and his pubic hair and wearing apparels 'Kurta and Paijama' were also taken, sealed and sent to police for analysis.