CHARAT ALIAS SUNDA Vs. STATE OF HARYANA

JUDGEMENT

(1.) An unidentified and, thus, unnamed and unknown young girl of 18-19 years, as per the prosecution version, became a victim of gang rape and murder by the appellants and two others. Whereas, on trial, appellants-Charat alias Sunda son of Partap Singh, Krishan son of Hawa Singh, Raja alias Rajbir son of Prabha, Vinod alias Guddu son of Mahabir and Anil son of Baldeva have been held guilty for an offence under Section 376(1 )(g) of Indian Penal Code and sentenced to undergo rigorous imprisonment for life as also to pay fine of Rupees 25,000/- each and in default of payment of fine, to further undergo rigorous imprisonment for a period of four years, Krishan, Raja alias Rajbir and Charat alias Sunda have also been held guilty for an offence under S. 302 read with S. 34 of Indian Penal Code and sentenced to undergo rigorous imprisonment for life as also to pay fine of Rs. 5,000/- each and in default of payment of fine, to further undergo rigorous imprisonment for a period of two years, vide order of conviction and sentence dated 2-12-2003 and 6-12-2003 recorded by learned Additional Sessions Judge (Fast Track Court), Hisar. The co-accused of the appellants, Dharampal and Mahender have since been acquitted. It is against this order of conviction and sentence that two appeals, one by Charat, Krishan, Raja and Vinod, bearing Crl. Appeal No. 104-DB of 2004 and the other by Anil, bearing Crl. Appeal No. 143- DB of 2004, have been filed.

(2.) The occurrence leading to the gang rape and murder of an unidentified lady had taken place on 23-10-2001. FIR with regard to the incident came to be lodged at 6.05 p.m. on 24-10-2001 and special report with regard to the incident reached the concerned Magistrate at Hansi at 10.00 a.m. on 25- 10-2001. Pirthi Singh, Chowkidar of village Sisai Bolan, made statement before Balbir Singh, SI/SHO, P.S. Sadar Hansi wherein he stated that he was a Chowkidar of village Sisai Bolan. He had come to know that yesterday, i.e., on 23-10-2001, Anil son of Baldev, Pala son of Ram Sarup, Guddu son of Mahabir, Bhim Singh son of Ran Singh, Balwant son of Om, Sunda alias Charat son of Partap Singh and Krishan son of Hawa and 3/4 other boys of their villages were committing rape upon a minor girl of 15/16 years, whose name and address were not known to him, in the Kikkar bushes standing in the Panchayati land of their village. When Ved Parkash son of Chandgi Ram, resident of Sisai Kali Rawan, went to his field near Kikkar trees, all persons took the girl to the Kotha tubewell in the fields of Dhup Singh son of Jailal and there they committed gang rape upon the girl one by one by putting her in fear, throughout the night. Dhup Singh had given his land and the tubewell to Sunda on lease. These persons, after committing rape upon the minor girl, murdered her and under the conspiracy, in order to destroy the evidence of the crime, they buried the dead body of the girl in the cotton crop field of Dhup Singh. He further stated that it was also a rumour that the girl had been burnt. It was not known as to whether the girl was burnt before or after her murder. Some other persons of the village had also come to know of this occurrence but they all were silent as they did not want to come forward. He was going to the police station to give information when Balbir Singh, SI/SHO met him at bus stand, where his statement was got recorded.

(3.) During the course of trial, the prosecution examined Dr. P. K. Paliwal as P.W. 6, who stated that on 26-10-2001, he conducted post-mortem examination on the dead body of an unidentified female brought to him by ASI Daya Nand and Constable Joginder Singh. The body was naked excepting burnt sleeves on both arms reddish in colour and admitting kerosene oil smell. Scalp hair, eye-brows and eye-lashes were burnt and tongue was protruding out for 1.5 cm. beaten between the teeth. Whole body was having burns all over, except mid 1 /3rd of back was spared. The Doctor found the following injuries on the dead body of unidentified female :-