KAMAL Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANTS/accused have preferred this appeal against judgment dated 20-12-1989 passed by 1st Additional Sessions Judge, Chhindwara in Sessions Trial No. 115 of 1986 against their conviction under Section 302, IPC for life imprisonment, under Section 376, IPC for 7-7 years, and also under Sections 363 and 201 of the IPC for a period of 5-5 years. All the sentences were ordered to run concurrently.

(2.) THE admitted facts of the case are that in the month of April, 1986, a village Mela was held near Village Ramakona in which there was a Zoo known as Chidiyaghar. That the appellants/accused were employed by manager as servants of the Chidiyaghar.

(3.) THE prosecution case is that on unfortunate day of 2-4-1986 at about 5 P. M. in Village Ramakona when deceased Ku. Ruchi alias Rachna aged about 5 years was playing in front of her house with Ku. Archana (P. W. 4) and other girls, then appellant Narayan came there and took Ruchi alias Rachna to his Chidiyaghar. The prosecution has alleged that Chirkutrao (P. W. 6) and Harprasad (P. W. 12) had seen that the deceased was in the company of the appellants in the precinct in the Mela. That the appellants took Ku. Ruchi near the 'suar Nala' and she was raped by the appellants. That when Ku. Ruchi kept on weeping, the appellants filled sand in her mouth and killed her. That the appellants in order to hide the corpse, threw the body of the deceased in the nearby bushes.