RAM DAS Vs. STATE OF M P

JUDGEMENT

(1.) LUST in the eyes, coupled with intoxicant mind, turns a human being into a furious beast who fails to recognise a mother like lady before him to satisfy his sexual desire, so much so, as to cause her death on being resisted from so doing. This is what exactly had happened, according to the prosecution, on the fateful night of 22-3-2000 at about 9-30 P. M. when deceased Ramkatori a widow of about 50 years of age was sleeping in her house when the appellant/accused resident of the same locality aged about 22 years entered her apartment by jumping from the rear side of the roof of her house and suddenly took her by surprise as she found to have been caught hold by the appellant/accused and thrown on the ground. She admonished the accused by saying that she is like mother of him but of no avail as she was made helpless at the point of knife and was raped. When she tried to raise hue and cry, she was silenced by assaulting her with knife on her chest and abdomen.

(2.) WHEN after making assault on the deceased, accused ran away, the deceased somehow tied a loin cloth on the bleeding injuries and managed to come to Police Station, Ambah with the help of local people who had gathered outside her residence and lodged First Information Report (Ex. P-12 ). She was immediately rushed to the hospital where first aid treatment was provided to her and Dr. R. G. Verma (P. W. 1) who examined her injuries found as follows :-

(3.) DR. Vikas Jain, House Surgeon on duty on 24-3-2000, at 5. 45 AM regretfully declared that the deceased could not survive despite of using all life saving measures. On receiving merg intimation (Ex. P-3), panchnama of the dead body (Ex. P-4) was prepared and the autopsy on the dead body was conducted by Dr. P. L. Gupta (P. W. 9) alongwith his Asstt. Dr. Neeta Jain who found as follows :-