STATE OF M P Vs. SHANKARLAL

JUDGEMENT

(1.) -THIS Judgment shall also govern the disposal of Criminal Appeal No. 734/2009 filed by the appellant/accused through Legal Aid against the impugned judgment and order of conviction and sentence.

(2.) The learned HI Add1. Sessions Judge, Indore/trial Court submitted the Criminal Death Reference No. 1/2009 for confirmation of death sentence passed by the impugned judgment and order in Sessions Trial No.280/2008 decided on 30/6/2009 whereby the learned Judge has convicted the appellant U/Ss.366, 364,376 and 302 of the IPC, sentenced to undergo RI for 10 years with fine of Rs.500/- in three counts U/Ss.366, 364,376 of the IPC and sentenced to death U/S.302 of the IPC, with defaulting clause of payment of fine, appellant shall undergo RI for six months under each count. However, the substantive jail sentences have been directed to run concurrently. Appellant/accused has also filed Criminal Appeal No.734/2009 aggrieved with the judgment and order of conviction and sentence as mentioned herein above.

(3.) Short resume of the prosecution case as put forth before the trial Court is that on 20/1/2008 in the night at 9.00p.m Police Control Room, Indore received information that heirless dead body of a girl aged 6-7 years was lying behind the House No.585 and 588 of Usha Nagar. On the basis of this information, police of police station, Annapurna Nagar, Indore registered Murg No.2/2008 U/S.174 of the Cr.P.C and Station House Officer (for short "SHO") S.P.Dubey (PW.19) immediately reached on the spot and in presence of witnesses prepared inquest report (Ex.P.2). A team of Forensic Science was called and photographs of the body were taken. A handkerchief was found tied around the neck and mouth was crammed by polythene. In the opinion of witnesses of the inquest, deceased was ravished and thereafter killed by throttling. Dead body was sent for postmortem examination which was conducted by Dr.Bharat Prakash (PW.2). Postmortem report is Ex. P. 3. Dead body was not claimed by anybody, therefore, intimation was sent in this regard to all the police stations of the town. When dead body was lying in hospital, Manohar S/o Tulsiram (PW. 13), father of deceased, resident of Vijay Nagar reached in the police station for lodging report of missing of his daughter. Police took Manohar and his brother to hospital where they identified the body of the girl named Nisha @ Kaali. Police prepared identification memo (Ex.P.8). After inquest enquiry, FIR (Ex.P.16) was registered by SHO S.P. Dubey (PW.19). During the course of investigation, police came to know that appellant once removed the underwear of the girl with an intention to commit rape. On this basis, appellant was taken into custody and interrogated. Appellant disclosed before the police about place of incident and got recovered the empty liquor bottle. From the bag of the appellant, one blue colour underwear was seized. Police prepared confirmation memorandum at the instance of the appellant regarding place of incident. Appellant was sent for medical examination and examined by Dr.A.K.Tiwari (PW.3) who also issued MLC report of appellant (Ex. P. 6). The seized articles including clothes and slide of vaginal swab of deceased were sent to FSL and its report is Ex.P.24. Investigating Officer recorded the statements of the witnesses who were acquainted with the facts of the case and also got recorded statements of Takiasingh (PW.12) and Rambahadur (PW.14) by Magistrate as per provision U/S.164 of the Cr.P.C. On completion of investigation, charge sheet was filed against the appellant U/Ss.364, 366, 376 and 302 of the IPC.