KRISHAN ALIAS KABLI Vs. STATE OF HARYANA

JUDGEMENT

(1.) KRISHAN appellant was tried on charge for offences punishable under Sections 363, 366, 376, 302 and 201/34, Indian Penal Code by the Additional Sessions Judge, Rothak who vide his judgment dated 9.10.1991 found him guilty and convicted on the charge of rape and murder of Miss Ram Ratti punishable under Section 376/302, Indian Penal Code, while his co- accused Mahindra was acquitted of the charge for offence punishable under Section 201/34, Indian Penal Code. Krishan-appellant was sentenced to undergo 10 years rigorous imprisonment on first count and R.1 for life on the second count. Both the sentences were, however, ordered to run concurrently.

(2.) FEELING aggrieved by his conviction and sentence, the appellant has come up in appeal.

(3.) OM Parkash (PW-10), father of the deceased, however, continued her search and that of Krishan accused, but found him absconding from the village. He suspected Krishan accused having enticed away his daughter. On the next evening, Sub Inspector Hukam Singh (PW-13) on the basis of the report in the DDR, came to village Baland in order to recover Ms. Ram Rati. He met Om Parkash (PW-10) in the village and recorded his statement Exhibit PE. It was concluded at 4.30 PM and sent to the Police Station for registration of a case for offences punishable under Sections 363/366 Indian Penal Code against Krishan accused. On its basis, formal FIR Ex. PE/1 was recorded by the Police Station at 4.50 P.M. for the above referred offences against the accused by ASI Gurbachan Singh on 6.3.1990. A special report was conveyed to the Judicial Magistrate, Rohtak on the same evening at 8.15 P.M. through Constable Shri Ram.