GHURAIYAA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The judgement in Criminal Appeal No. 1079 of 1984 (Ghurriya @ Rohini Baiswar and 2 others v. State of M.P.) shall govern disposal of Misc. Cri. Case No. 1458 of 1985 (Chakradhar Singh v. Ghurriya @ Rohini Baiswar and 2 others), as they arise out of common judgement, dated 15-10-1984 in S.T. No. 33/83. Ghurriya @ Rohini Baiswar and Rameshwar @ Lolwa have preferred this appeal against their convictions under Section 302/34 I.P.C. and u/s. 376 I.P.C Each of them has been sentenced to undergo imprisonment for life and seven years R.I., respectively, with a direction that the sentences shall be concurrent. The third appellant Buddhsen has been convicted u/s. 201 I.P.C. and sentenced to undergo three years R.I. In Misc. Cri. Case No. 1458/85 the applicant Chakradhar Singh, Sub-Inspector, who has investigated this case, has prayed for expunging certain adverse remarks made in the above judgement.

(2.) It is not in dispute that the appellant Rameshwar is son of appellant Buddhsen. The agricultural fields of Ghurriya and Buddhsen are near the field of P.W. 1 Bilsiya Bai, widowed mother of the deceased Thagiya Bai, aged 11 years. P.W. 2 Asrafilal is brother of the deceased. Admittedly, some incident occurred on 13-2-1983, and the appellant Buddhsen got Thagiya Bai admitted in the hospital at Byohari where she underwent some treatment, and ultimately died on 23-2-1983. Though there is no dispute that Thaigiya Bai "died because of injuries sustained in her private part resulting in excessive bleeding", the versions as projected by the prosecution and the defence are divergent.

(3.) According to the prosecution, on 13-2-1983, at about 10.30 a.m., Thagiya Bai, along with her brother P.W. 2 Asrafilal had gone to the field for watching crop. Thereafter, P.W. 2 Asrafilal went in the jungle to collect firewood. It is alleged that the two appellants, Ghurriya and Rameshwar, committed rape on Thagiya Bai, and thereafter, Rameshwar thrust a bamboo in the vagina to concoct a story that Thagiya Bai fell down from the Mera and her private part struck against the bamboo and sustained that injury. Pausing here, Mera is a sort of temporary structure built in a field to watch the crops. About four logs of wood are used as pillars and bamboo matting is fixed in the middle, with a thatched roof on the top for protection against sun and rains. It is further alleged, that P.W. 2 Asrafilal, on his return to their field, did not find his sister, and he went to the neighbouring field. He enquired from appellant Rameshwar who told him that Thagiyabai got injured by a stick in the Mera. P.W. 2 went ahead and saw the appellant Ghurriya scaling down from the Mera. Further more, Ghurriya ran away and on this occasion P.W. 2 Asrafilal saw that his hand were stained with blood. His sister disclosed that she has been raped by the appellants Ghurriya and Rameshwar; and a stick has also been thrust in the private part.