RAJU Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) Appellant, Raju (25 years) has brought this appeal against judgment and order of learned Sessions Judge, Hoshiarpur, dated Oct. 12, 1995, whereby he was convicted under Sections 302 and 376 of the Indian Penal Code and then sentenced to undergo R.I. for life with a fine of Rs. 1000.00, in default of payment of fine further to undergo R.I. for four months under Sec. 302 of the Indian Penal Code. He was further sentenced to undergo R.I, for 10 years with a fine of Rs. 500.00, in default of payment of fine to further undergo R.I. for two months under Sec. 376 of the Indian Penal Code. However, both the substantive sentences were ordered to run concurrently.

(2.) The prosecution story, as divulged by complainant Ram Chand (PW 6) at the trial is like this:

(3.) On Sept. 15, 1994, at about 7.30 a.m. Usha Devi (10/11 years), a student of 5th Class, since deceased, daughter of Ram Chand, complainant (PW 6), resident of Fattan Chak, had gone to village Mirpur to attend sports meet, but in the evening, she failed to return to her house. Thereupon, Ram Chand, her father in the company of Darshan Singh, a Member Panchayat, Dewan Singh Sarpanch and Kartar Singh, Lamberdar started searching her, but could not find any clue till late night. In the next morning i.e. on Sept. 16, 1994, they again started searching her and ultimately, her dead body was found lying in the sugarcane fields of one Parbhjinder Singh (PW 8). They further observed that her salwar had been removed and some of its portion was found wrapped around her neck. Her mouth was also found to have been gagged with some portion of the salwar. After making the enquiry from the surroundings, it was revealed that Usha Devi had taken water at the tubewell of one Billu Gujjar on Sept. 15, 1994. Further, it was also revealed that Raju appellant (who was mistakenly described as Partap Bhaiya in the F.I.R.) had also followed her. Then said Raju was found missing. Thereupon, he (the complainant) became sure that her daughter was first raped and then murdered by said Raju. After ascertaining the aforesaid facts, Darshan Singh, Member Panchayat, was left at the spot to guard the dead body and he (Ram Chand complainant) himself in the company of other members of the searching party, left for Police Station, Dasuya, for lodging the report. On the way, at Shrinhpur Chowk, the complainant met Gurnam Dass ASI (PW 12) and he then made his statement Ex.PH at 1.15 p.m., in the above narration of facts, Gurnam Dass ASI, then made his endorsement Ex.PH/1 and sent the same to Police Station, Dasuya through SPO Sukhjinder Singh for registration of the case, on the basis of which, formal FIR Ex.PH/2 was recorded under Sections 302/376/366 of Indian Penal Code by SI Harbans Singh against the appellant at 1.30 p.m. on Sept. 16, 1994. The ASI in the company of the complainant and other police officials went to the place of occurrence and prepared inquest report Ex.PC. He then sent the dead body for post mortem examination. At the spot, he also prepared rough site plan Ex.PL with its correct marginal notes in his hand. From the spot, he also collected blood stained earth vide recovery memo Ex.PJ. Further, he also found right foot print at the spot and so, he prepared the mould of the same in the presence of Balbir Singh Head Constable and Amar Nath (PW 4). In that behalf, he also prepared report Ex.PG. On return to the Police Station, he deposited the aforesaid case property with MHC. Thereafter, he searched for the accused/appellant, who was employed as a labourer with Prabhjinder Singh (PW 8), but he was found absconding.