NAGENDRA Vs. STATE OF M.P.

JUDGEMENT

(1.) The death reference and connected appeal No. 742/2017 arise out of the Judgment of conviction and order of capital sentence handed down by the First Additional Sessions Judge, Sidhi holding the appellant guilty of the charges levelled against him in the trial.

(2.) As per prosecution case, in the night intervening 13th Sept. and 14th Sept. 2013, appellant along with Nitesh @ Bhola (a juvenile separately dealt with by the Juvenile Board) committed house trespass and sexually assaulted Sushma, a young married woman (since deceased), and then turn by turn ravished her and when she resisted she was done to death by hitting her fore-head with bamboo staff. Thereafter, not satisfied with rape, dead body was subjected to offence punishable under Sec. 377 of Penal Code by appellant Nagendra and the dead body was dragged to nearby pit or trench in order to conceal the crime and some jewellery articles of insignificant values were stolen.

(3.) At the time of the incident, deceased was all alone in her abode in small hamlet 'Bhitri' situated within Police Station Rampur Naikin in District Sidhi. Shrinivas(PW4), her husband, a truck driver by profession, received information on 14th around 11 AM on mobile from neighbour's wife Sunita(PW6) and she informed Shrinivas (PW4) that something was amiss as deceased was found missing and blood was splattered all over the place with broken pieces of bangles lying on the courtyard (Angan) and things were not in order. Shrinivas(PW4)immediately contacted his brother Vinod Kumar(PW3) and asked him to go and find out as to what had happened. By the time Vinod Kumar(PW3) reached the place of the incident, two-three villagers were already reached there and upon discovery of dead body Marg Intimation (ExP-2) was given by him, which lead to registration of FIR (Ex.P/17). After the inquest the dead body was sent for the post mortem.