SADAN GOND Vs. STATE OF M P

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment dated 13/10/2006 passed by Ist Additional Session Judge, Betul in ST.No.108/2005, whereby he found the appellant guilty for the offences punishable under Sections 302, 376(2)/511, 363 and 366 of the IPC and sentenced him to life imprisonment with fine of Rs.5,000/-, R.I. for seven years with fine of Rs.50,000/-, R.I. for five years with fine of Rs.3,000/- and R.I. for three years with fine of Rs.3,000/- respectively with default stipulation.

(2.) Brief facts of the case are that on 18/01/05 at 12:00 AM Sugantibai (PW/1) resident of Krishna Nagar, Badora, District Betul lodged the report (Ex.P/14) at Police Station Betul Bazar averring that at 9:00 A.M. she had gone for labour work, leaving her daughters Nisha and "Deceased A" (name and identity of the "Deceased A" is not disclosed as imposed by law contained in section 228A of IPC) at home and when she returned in the noon, both of her daughters were at home. After lunch, she went to work again. Thereafter, when she returned home at 6:00 P.M, her elder daughter Nisha was at home and preparing food while "Deceased A" was not at home. On that, she went to the field of Ramdeen Rathore in search of her daughter "Deceased A", but she did not find anyone. Thereafter, she saw the appellant, playing with her daughter "Deceased A". On that she called the prosecutrix, but she did not come. She then returned back home and some time later again went to appellant Sadan's house, but she did not find either "Deceased A" or appellant Sadan there. Then she searched her, but did not find her. She doubted that appellant Sadan would have taken her somewhere. On that report Police Inspector LR. Kohli, (PW/11) registered Crime No.10/05 for the offence punishable under Section 363, 366, 376(2)(f), 302 of the IPC and investigated the matter. Next day on 19/01/05 in the morning Nathuram (PW/7) saw the dead body of "Deceased A" lying along the road (NH-69) side at Kishan Malviya's field and informed Sugantibai (PW/1). Then, Sugantibai (PW/1) again informed the police about the same. On that LR. Kohli, (PW/11) went to the spot and prepared spot map (Ex.P/16). He also prepared an inquest report of the dead body of "Deceased A" in the presence of panch witnesses and sent the dead body for postmortem to District Hospital Betul, where Dr. Basant Srivastava (PW/4) conducted autopsy of the dead body of "Deceased A" and gave postmortem report (Ex.P/3) and also prepared the slides of her vaginal swab, took her blood sample and also seized her clothes from her dead body and sent all the items in six separate sealed packets through constable Rajkumar (PW/8) to P.S. Betul Bazar. There Head Constable Dhanraj seized those packets from the possession of Rajkumar (PW/8) and prepared seizure memo (Ex.P/11). On 19/01/05 LR. Kohli, (PW/11) arrested the appellant and prepared arrest memo (Ex.P/1) and on the information of appellant seized underwear of the "Deceased A", slippers and shawl of appellant from Ramdeen Rathore's field and prepared information memo (Ex.P/9) and seizure memo (Ex.P/10). Thereafter, he sent appellant to District Hospital, Betul for medical examination where Dr. Basant Srivastava (PW/4) examined appellant and gave the medical report (Ex.P/3). He also took the sample of appellant's hand's nails, his blood sample and prepared slide of his semen and after preservation of that samples sent the same to P.S. Betul Bazar, through Constable Sitaram (PW/3), which was seized by the LR. Kohli (PW/11) from his possession and prepared seizure memo (Ex.P/15). He also recorded the case diary statements of Sugantibai (PW/1), Ku.Nisha (PW/2), Krishna Baraskar (PW/6), Nathuram Gond (PW/7), and Pintu @ Premraj (PW/10). After completion of investigation, Police filed charge-sheet against the appellant before Judicial Magistrate, First Class, Betul, who committed the case to the Court of Sessions. On that S.T.No.108/05 was registered.

(3.) Learned Ist Additional Sessions Judge framed charge against the appellant for the offence punishable under Sections 363, 366, 376(2)(f), 302 of the IPC. Appellant took the defence that he is innocent and has falsely been implicated in the case. Prosecution produced as many as 11 witnesses to prove his case. However, learned I Additional Sessions Judge after trial found the appellant guilty for the offence punishable under Section 302, 376(2)/511 and 366 of the IPC and sentenced him as aforesaid. Being aggrieved by the impugned judgment, appellant has filed this Criminal Appeal.