REFERENCE Vs. BAADU, S/O PRAKASH LAHASE

JUDGEMENT

(1.) Present Criminal Reference arises out of a judgment of conviction and order of sentence dated 16/08/2018 passed by Special Judge, O.A.W. (Rape, Gang Rape, Rape with Murder and other offences), District Burhanpur in Sessions Trial No.37/2018 thereby convicted the respondent-Baadu for the offence under Section 364 of the Indian Penal Code, 1860 (in short 'IPC') and sentencing him with life imprisonment and fine of Rs.2,000/-, in default of fine, additional RI for three years, under Section 376(2)(m) of IPC and sentenced him with life imprisonment and fine of Rs.2,000/-, in default of fine, additional RI for three years, under Section 302 of IPC sentenced him with death and fine of Rs.2,000/-, in default of fine, additional RI for three years and under Section 201 of IPC sentenced him for a period of seven years and fine of Rs.2,000/-, in default of fine, additional RI for three years.

(2.) According to prosecution case, on 17/05/2018 at 6.30 P.M. in the evening after selling ice-cream when complainant- Prakash (PW-1) returned to his house, he saw that his wife- Manisha aged 32 years is not in the home, he immediately asked her where about from his son Trisharan (PW-5), he replied that his mother had gone for attending call of nature from last half an hour. After some time when she did not return, then Prakash (PW-1) along with his mother (not examined), brother Ashok and Vishwas (not examined) started searching of his wife nearby to village area. During search, near Banana agriculture field of Eknath Maratha, he found slipper, mug and Petticoat in the banana agriculture field. After some time, he returned to village and at about 11.31 P.M., he lodged missing person report (Ex.P/1) at Police Station Shikarapur vide Missing Person Registration No.15/2018 with respect to missing of his wife-Manisha. As per report, she was fair and her height was five ft. and when she left the house, at that time, she was wearing yellow flower printed Sari and red blouse. After missing report, Police started search and at about 12.10 in the mid night of 17/05/2018 and 18/05/2018 they found one gents black colour slipper (left leg) written SPR in white colour, two piece of black colour bracelet (golden colour's design), a red, green, white, yellow and black thread with a square cloth amulet, one plastic white colour mug in which Monostar was written in black colour, one pair ladies slipper in whose belt and sole seven number was written in violet colour, wire tied in right slipper, one pink colour petticoat in which white colour Nada was inserted on which traces of blood had been found.

(3.) On the next day at about 7.00 a.m. naked body of deceased-Manisha was recovered from the dry well situated in the agriculture field of Omprakash Mali at Village Mordad. Dead body was having multiple injuries. On right wrist she was wearing golden design black bangle. There were multiple abrasions in the left thigh and back of the deceased. Dead body was identified as the dead body of deceased Manisha. Panchnama was prepared and the dead body was sent for post- mortem. On the basis of Dehati Nalsi, vide Crime No.172/2018 a case under Sections 302 and 201 of IPC was registered against unknown person. Seizure of green colour Sari of pink and while flower was recovered, sample of blood stained soil and plain soil were created. During investigation, it was found that the accused was seen near the place of occurrence and, therefore, he was taken into custody. During interrogation, slipper of right leg of accused was recovered and on identification, it was the same which was recovered at the place of occurrence on 17/05/2018. His memorandum under Section 27 of the Evidence Act was recorded. As per memorandum, he forcefully took the deceased to isolated place for committing rape and when she cried for help he caused stone injury on her head and thereafter he started committing rape. During rape, she again cried and tried to run away from his clutches, then he caused her multiple injuries by means of stone on his head and after committing rape he took her body to the agriculture field of Omprakash Mali and threw her body in the dry well. On the basis of memorandum, blue blood stained Jeans and blood stained black shirt of accused, two pairs silver Bichhiya of the deceased were seized from the house of the accused. After investigation, a charge sheet was filed against the appellant for having committed offence punishable under Sections 302, 201, 303, 364, 376(2)(m) of IPC. The case was committed to the Court of Session and charges were framed against the respondent/convict under Sections 364, 376(2)(m), 302, 201 of IPC. Respondent/convict pleaded not guilty to the charges and claimed to be tried.