SHYAMLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Both these matters, the Death Reference made under S. 366 of the Code of Criminal Procedure and the Appeal preferred under S. 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 Ss. 302, 376 and 201 of the Indian Penal Code. He is sentenced to Death for the offence under S.302 of IPC, No separate sentences have been passed for the offences under Ss. 376 and 201 of IPC.

(2.) It was indeed a gruesome crime which took place on 2/02/2000, 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, FIR vide Ex. P/1 registering a crime u/Ss. 302 and 376 of IPC, 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.) The police visited the spot and conducted inquest u/S. 174 of Cr. P.C. (vide Panchayatnama Ex. P/5). It was noticed that the body of the deceased was covered by a male trousers. Karulal (PW. 24), a tailor working in the village identified the said trousers as the one stitched by him for accused Shyamlal. On the same day search was conducted at the house of the accused and another similar trousers was seized from inside his house vide Seizure Memo Ex. P/16. The accused was arrested later in the day and in the wake of disclosure made by him in police custody, a blood stained Salvar and small quantity of 'Bhusa' (straw), a lock and key were recovered from the back side of the house of the accused.