CHANDERPAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE extreme penalty of the law and a fine of Rs. 1000/- has been levied against Chanderpal for the murder of Pammi and rigorous imprisonment for 10 years and a fine of Rs. 1000/- under Section 376, Indian Penal Code, for committing rape upon her. The convict appeals and the matter is otherwise before us for confirmation of the death sentence.

(2.) THE prosecution case herein has no eye-witness of the alleged occurrence and rests entirely on gravely incriminating circumstances evidence. It emerges there from that Kalicharan, PW, who is the father of Pammi (deceased) and Chanderpal accused were colleagues and they had been posted as Non-Combatant (Enrollment) at the Air Force Station, Bhisiana. The quarter of the accused was just opposite the quarter of Kalicharan, PW, and the same were situated in the area of the said Air Force Station. On 5.12.1981, there was a birthday party of son of Rajinder Singh at the latter's house. Besides the accused and Kalicharan, who was accompanied by his family members, including Pammi (deceased) some other members of the locality attended that party. At about 9.30 p.m. when the party was finished Kalicharan looked for his daughter Pammi, but she was not available. He thought that she might have left for her house. Chandrawati, wife of Kalicharan told him that at about 8.30 p.m., she saw Pammi in the lap of the accused When Kalicharan alongwith Jagmer Singh, PW, set out in search of Pammi, they found the accused coming from the side of jungle. Kalicharan enquired from him about his daughter but he expressed his ignorance. Kalicharan alongwith some other persons then went ahead for the search of his daughter and they found her lying in an unconscious condition near a kikker three and was profusely bleeding from her private part. She was immediately removed to the Medical Inspection Room of the Air Force Station where Dr. R.K. Bhattacharjee declared her dead due to rape. Dr. Bhattacharjee then informed Flt. G.S.R. Sharma at about 11 p.m. about this incident and the latter reached the Medical Inspection Room at about 11.30 p.m. At about 12.30 a.m. when Flt. G.S.R. Sharma came out of the Medical Inspection Room, the accused met him and confessed before him that he had committed a mistake by having raped Pammi in the jungle and as a result of which she died. Thereafter, Mr. Sharma went inside the room to inform the Air Base authorities about this incident and when he came out, the accused was missing. Kalicharan alongwith Teja Singh Swatantar and two other persons went to the Police Station Nehianwala where he made a statement, exhibit P.H., and that formed the basis of the first information report, registered at 4.00 a.m. on 6.12.1981. Sub-Inspector Gian Singh held inquest, Exhibit P.J. and sent the dead body of Mst. Pammi to the mortuary for autopsy. Thereafter he went to the place of occurrence and prepared its visual plan, Exhibit P.N. On the same day at about 5.00 p.m., the accused again confessed his guilt before Sunder Rajan Corporal, posted at the gate of the Air Port of Bhisiana and the latter then produced him before Sub-Inspector Gian Singh, who formally arrested him. The accused was bearing blood-stained pants, Exhibit P-7, and it was taken into possession vide memo Exhibit P.K. The Sub-Inspector got the accused medically examined from Dr. Subhash Chander Sethi, Medical Officer, Primary Health Centre, Goniana. He examined him at 6.30 p.m. and found him fit to perform sexual intercourse and noted the following injury on his person : A reddish abrasion 1/2 cm x 1/4 cm was present near the frenum of the prepuce. Dr. Subhash Chander Singla, PW 2, Medical Officer Civil Hospital, Bhatinda, conducted autopsy on the deadbody of Pammi, aged 5/6 years on 6.12.1981 at 3 p.m. and found the following injuries :

(3.) IN his statement under Section 313 of the Code of Criminal Procedure, the accused denied the prosecution allegations and pleaded false complicity in the case due to enmity with. Flt. Lt. G.S.R. Sharma, but led no evidence in defence.