MITHILESH Vs. STATE OF M P

JUDGEMENT

(1.) The appeal has been preferred by the appellant aggrieved by his conviction u/s 376, 302 and 201 of the I.P.C. u/s 302 I.P.C. he is sentenced to undergo Imprisonment for life and fine of Rs.1000/- in default of fine R.I.for 2 months He is sentenced u/s 376 I.P.C. to undergo R.I. for 10 years, fine of Rs.1000/- in default of fine, R.I. for 2 months, and u/s 201 of the I.P.C. he is: Sentenced to undergo R.I. for 2 years, fine of Rs.500/- in default R.I. for one month.

(2.) The prosecution case, in short, is that deceased; Ku. Sandhya (aged 13 years) was daughter of Shri Shiv Balak Pandey and grand-daughter of Shanti Prasad Pandey (PW-7). She used to go to agricultural field along with Shanti Prasad Pandey (PW-7). On 14.4,1995 Shanti Prasad Pandey (PW-7) had gone to collect his pension at Khitola, consequently Ku. Sandhya was accompanied to the agricultural field by Shashikant Pandey (PW-8) her younger brother. Ku. Sandhya came to the house in the afternoon for taking the meals of Shashikant Pandey (PW-8) she returned back to the agricultural field. They remained for the whole day at the field. When Shashikant was coming back from the field he met with the accused Mithilesh, he was wearing Baniyan of black colour, Pent of white colour and he was also carrying a Lungi on his neck, he was also wearing a cap. He told to Shashikant that he would take his sister towards the river, he should not disclose the fact to anyone, on that Shashikant ran back and informed the fact to his sister; Ku. Sandhya, on that Ku. Sandhya asked Shashikant (PW-8) to send Shanti Prasad Pandey (PW-7) to the field. Thereafter Ku. Sandhya went and hide in the agricultural land in the standing crop of wheat, accused also entered into agricultural land, thereafter Shashikant ran towards the house and in the way he met with Shanti Prasad Pandey (PW-7) and told him that Ku. Sandhya had called him, he should to the field immediately. Shanti Prasad Pandey thereafter went towards the field, but, was unable to trace Ku. Sandhya it was quite dark by that time. Prosecution further alleged that when accused was dragging Ku. Sandhya, on hearing the hue and cry raised by her, Rajjan (PW-6), Guddu@ Bahorilal (PW-11) and Kaluram (PW-13), after crossing the river came to the MEND of the field of Netram Patel and saw accused Mithilesh was lying on a girl, who was wearing frock of red colour, after seeing them accused Mithilesh stood up and threatened them with dire consequences and asked them not to disclose the fact to anybody. Accused was wearing black Baniyan and carrying brown colour Lungi, white shoe, one white colour pent was also lying nearby, the witnesses went to their houses. Thereafter Shanti Prasad Pandey (PW-7) came to the spot, he called Ku. Sandhya number of times,but, she did not response, as such he though, that she may have gone from different way to her house, he went back to his agricultural field and slept in the hut In the morning at about 7 a.m. when Shahadat went to the river he found that a dead body was lying in the river wearing red colour frock. He informed the fact to Kaluram in turn he proposed to inform the Kotwar and when Kaluram and Shahadat were going to inform the village Kotwar through the field of Shanti Maharaj, at that time they went and informed Shanti Maharaj that one dead body was lying in the river. Thereafter Shanti Maharaj (PW-7) went towards the river and found that it was the dead body of Ku. Sandhya. Thereafter the body was taken out. "Village Kotwar Rajkumar Dahiya (PW-2) informed the police check-post Khiltola, Marg intimation (P/2) was reduced in writing and Police Station Sihora was informed telephonically. D.S. Chouhan (PW-12) along with police force proceeded towards the place of incident. Inquest (P/8) was prepared. The dead body of Ku. Sandhya was sent to Govt. Hospital, Sihora, she was examined by Dr. Smt. S. Patod (PW-10) and Dr. R.K. Jain (PW-9) had performed the autopsy. Post-mortem report (P/16) was submitted. Her frock was found torn at several places besides the underwear. Dr. Smt. S. Patod (PW-10) opined that the deceased Ku. Sandhya was subjected to sexual intercourse before she was murdered. It was a case of homicidal death. As many as 14 injuries were found on the person of deceased. Injuries No.l to 10 were found ante-mortem, injuries No.11 to 14 were caused due to dragging after she had died. From the spot seizure of articles, control and blood stained soil was made. The "threads" of the cloths of blue and brown colour were also seized from the spot besides hair were found entangled in the stump of wheat. Seizure memos (P/4 and P/5) were drawn. On the basis of information furnished by accused, at his instance from the field of Netram Patel one monkey cap of brown colour was seized as per seizure memo (P/9). As per memo (P/10) from the house of accused at his instance full pent, "lungi" and shoes were seized. First information report was reduced in writing. On the underwear of the accused semen stains were found. Accused was subjectecd to Medical examination, on his person four injuries were detected by Dr. R.K. Jain (PW-9). It was also found that he was competent to perform sexual intercourse. The seized article from the spot "threads of cloth" and Lungi etc. were sent to Forensic Science Laboratory. The thread seized from the spot was found to be similar to that of "lungi" seized from the possession of the accused from his house. Reports (P/22, P/23 and P/24) were submitted. Serological examination report (P/25) was also submitted.

(3.) Accused abjured the guilt and contended that he is innocent. Aggrieved by conviction and sentence imposed the appeal has been preferred.