STATE Vs. RAHUL

JUDGEMENT

(1.) THE Judgment of the Court was delivered by Learned Additional Judge to the Court of First Additional Sessions Judge, Khandwa (MP), has awarded the sentence of death to respondent/accused and has made reference of the proceedings to this Court for confirmation of the death sentence passed by the impugned judgment.

(2.) THE appellant Rahul S/o Narendra Singh Tomar has filed the appeal against the conviction and sentence of death and other sentences awarded to him by the trial Court.

(3.) IN short the prosecution case is that complainant Jagdish Singh (PW1) lodged a report on 20.2.2009 (Ex.P. 1) at police station Chhaigaon Makhan that at about 11.00 a.m., when he was returning with his cattle through the field named 'Korku Wala Khet, he saw that his grand daughter Arti was washing clothes with other ladies i.e. wife of Sardar Singh, wife of Jitendra Singh, Rinku Bai (PW10) and Suman Bai (PW3). At the same Well his cattle drank water. At about 1 O'clock he again went to the same Well but no one was found there and clothes and slippers of Arti were lying there. His wife Umabai (PW4) also followed him. Both of them searched near the Well, then they found the dead body of Arti lying in Nallah situated between the field of Kishore Singh and Dinesh Singh. They noticed that face of Arti was crushed by stones. Clothes of Arti were torn and three blood stained stones were lying near the dead body. According to him, when he was returning with his cattle, he had seen accused Rahul going towards the 'Korku Wala Khet. This fact was also noticed by Laxmi Bai (PW5). He alleged that 5-6 months before accused/appellant Rahul had trespassed in his house, therefore, he doubted that offence had been committed by the accused/appellant.