JUGAL @ OGHAD BABA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal by an accused under section 374 Cr.P.C., is directed against the judgment of conviction and order of sentence dated 11/06/2008 passed in sessions trial No.376/2006 by I Additional Sessions Judge, Mhow, District Indore, convicting the appellant under section 376 IPC and sentenced to suffer ten years rigorous imprisonment with fine of Rs.2, 000/- in default of payment of fine to undergo six months additional imprisonment. Further, under section 302 IPC and sentenced to suffer life imprisonment with fine of Rs.3, 000/-.

(2.) The prosecution story, in brief is that on 26/07/2006, information was received at the Police Station on telephone that in the village Sutarkhedi, Sitanagar Colony, Ringhroad, a woman (Roshini, since dead) was found having injuries on the body in an unconscious condition. On the basis of said information, Roznamcha was entered at No.1378 on 26.7.2006 and Assistant Sub Inspector D.R.Vaskale reached the spot. Thereafter, the injured was sent to the Civil Hospital, Mhow for treatment. After primary medication, due to the serious condition, the injured was referred to M.Y.Hospital, Indore. She died on 27.7.2006 at 137 pm during treatment. Thereafter, at Police Station Samyogitaganj, marg under section 174 Cr.P.C was registered at crime No.286/2006. and then, original marg under section 174 Cr.P.C., was registered at crime No.39/06 by Police Station Kishanganj and the investigation set in motion.

(3.) Dr. Bharat Vajpai (P.W.14) has conducted post mortem (exhibit P/15). He has assessed the age of deceased as 23 years and found the injuries; (i) abrasion x cm over left anterolaterlal knee; (ii) abrasion 5 x 3 cm over right anterior knee; (iii) two abrasions 12 x cm over left lateral post mid thigh 1.5 cm apart; (iv) three abrasions 1 x 1/8 cm over left upper posterolateral arm; (v) one abrasion x cm over left posterior upper forearm; (vi) three abrasions 12 x cm over right posterior lateral mid upper gluteal region; (vii) abrasion 8 x cm over left loin above iliac crest posterior aspect; (viii) lacerated wound x x cm over left mid lateral planter foot; (ix) right side labia majora shows contused swelling over mid and upper part 6 x 3 cm, on right side para urethral tear 3 x x cm, on left side para urethral tear 3 x x cm (not clear) on right side vagina wall posterolateral tear 3 x 1 cm wall deep. Lower Vulva (not clear) shows cuticle tear 1.5 x 1 cm. Right side moris pubic area shows ecchymosis 6 x 4 cm area subcutaneously inner anterolateral lower costal abdomen wall ecchymosed 8 x 6 cm between muscle. R anterior and anterolateral lower costal inner tissues are ecchymosed 10 x 8 cm distantly on left side on postolateral vaginal wall tear 2.5 x x cm is present. Reddish fluix oozing slightly from vagina. All the injuries are caused by hard and blunt object and shows read colour of ecchymosis and are within 24 hours prior to death and opined that death was caused due to shock haemorrhage. Evidence of internal and external genital organ present. Viscera, tissues, vaginal and swab slides, clothings and pubic hair are present for examination. As such, deceased had suffered death within 24 hours since examination.