LAXMINARAYAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal has been filed under section 374 of the Cr.P.C., 1973 against the judgment dated 17.06.2004 passed by II Additional Sessions Judge, Fast Track Court, Narsinghgarh in Sessions Trial No. 126/2003, whereby the learned A.S.J. found the appellants guilty for the offence punishable under Section 376(2) (G) and 302, of IPC and sentenced them to 10 Years R.I. and fine of Rs. 1,000/- and in default of payment of fine to undergo three months R.I. and Life Imprisonment and fine of Rs. 5,000/- and in default of fine, further six months R.I. respectively.

(2.) Brief facts of the prosecution case are that on 31.05.2003 complainant Soma (PW.1) had gone to Fatehpur. In the morning when he came back home at 5:00 in the evening, his wife Gyarsi Bai (PW.12) told him that the "Deceased A" (name and identity of the "Deceased A" imposed by law contained in section 228A of IPC is not disclosed) who went from home at 3:00 in the evening has not returned yet, on which Soma searched his daughter in the village. During search Vijendra Singh informed him that two children Sundar (PW.3) and Hari Singh (PW.4), who were grazing cattle had told him that a dead body of a lady was lying in Mithi Bedara "Nala". On that Soma and his brother Shankar (PW.2) interrogated Sundarsingh and Harisingh and they told that they heard the shouting coming from Bedari Nala and also saw the appellants Laxminarayan and Gyan Singh going from there and their clothes were stained with blood. On the information, Soma along with his brother reached at Bedara 'Nala' where they saw that the dead body of "Deceased A" extensively stained with blood was lying and there was an injury on her head and near her body bloodstained stones, a handkerchief and a iron rod were also lying there. On that Soma lodged the FIR (Ex.P-15) on 01.06.03 at Police Station Kurawar. That report was written by B.L. Sharma (PW. 16) A.S.I. and on that report Crime No. 132/2003 was registered against the appellants for the offences punishable under Sections 302/34 of IPC and also registered merg No. 09/03 under section 174 of Cr.P.C., 1973 (Ex. P-16).

(3.) After registering the offence B.L. Sharma investigated the matter. During investigation he reached the spot where he prepared spot map (Ex. P-17) and after issuing notice (Ex. P-8) called the witnesses and made inquest memo (Ex. P-9) of the dead body of "Deceased A" in the presence of witnesses and took photographs of the spot. He also seized Two bloodstained stones, bloodstained and simple soil, a bloodstained iron rod, a pair of lady footwear, one button, one iron spring, one blood stained handkerchief and one stone and prepared seizure memo (Ex. P-18 to ExP20) He also sent the dead body of "Deceased A" to civil hospital Narsinghgarh for postmortem along with a letter (Ex.P/3-A) where Mahendra Kumar Gupta (PW.7) conducted autopsy and gave the report ExP3. He also prepared slide of vaginal discharge of deceased and also seized her cloth and sent to Police Station in a sealed packet along with seal impression which were also seized by the police and seizure memo Ex. P-2 was prepared. B.L. Sharma also recorded the statements of witnesses Soma (PW.1), Shankar (PW.2), Sundarsingh (PW.3), Hari Singh (PW.4), Ratanlal (PW.8), Nain Singh Gurjar (PW.9), Motilal (PW.10), Khub Chandra (PW.11), Gyarsi Bai (PW.12) and Jagannath (PW.13) and arrested the accused/appellants and prepared the arrest memo (Ex. P-9 and Ex. P-10). Soon after the arrest he interrogated the appellants and on the information of appellant Laxminarayan one bloodstained T-Shirt and a bicycle was recovered from his house and on the information of appellant Gyan Singh one bloodstained Shirt was recovered from his house and he prepared memorandum (ExP./11 and ExP.12) and seizure memo (Ex. P-13 and ExP.14) respectively. The appellants were also sent for medical examination and the medical reports (Ex. P-21) and Ex. P-22) were received the seized articles were sent to FSL, Sagar through S.P. Rajgarh along with draft ExP.23. The report (Ex. P-24 and Ex. P-25) was received from FSL, Sagar.