USMAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) USMAN is aggrieved by the conviction and sentence recorded against him by the Sessions Judge, Ludhiana on 1.04.2002 for having raped and murdered Rekha.

(2.) BRIEFLY stated, the facts of the prosecution case as brought out in the testimony of its witnesses are that on 27 -04 -1998 Sunil Kumar and his brother Balwinder Kumar had as usual left for their place of work in the morning at about 9.00 A.M. When around 1.00 P.M. both the brothers returned to their home, which was situated in Shimlapuri, Ludhiana for taking their meals, they found the outer gate of the house closed from inside. They also heard shrieks of Bachao Bachao raised by their sister Rekha coming from inside. Thereupon two brothers had scaled the wall of the house and entered the Court -yard. There they found that the door of the inner room of the house was also bolted and some smoke was coming out of the room. Together they pushed open the door and found their sister ablaze and lying on the floor of the room. The nawar of the iron cot lying in the room was also burning. Balwinder Kumar P.W. 9 tried to extinguish the fire. Rekha, who was crying had told them that Appellant who used to reside in the neighbourhood had in their absence entered the house and committed rape on her and thereafter poured kerosene oil from the container lying in the house and set her ablaze. She also told them that Usman was hiding himself in the inner room. Sunil Kumar had caught hold of Usman, who had tried to run away from the spot, in the meantime, many persons including their mother had arrived at the spot. She had gone to get the death certificate of her husband from the office of Municipal Corporation. She was accompanied by her brothers Ashok Kumar and Vijay Kumar, who had gone with her to the Corporation's office. Rajinder Kumar, another uncle of Sunil Kumar, had also reached the house Rekha had succumbed to the injuries. After leaving the Appellant in the custody of his uncle Rajinder Kumar, Sunil Kumar had left for the Police Station for lodging the report. On the way near Janjh Ghar of their locality, he had met police party and had given statement Ex. P.W. 8/A. The police party had accompanied Sunil Kumar to his house where inquest report Ex. PC was prepared. One iron bed and elastic can were taken into possession along with ashes of burnt clothes from the spot.

(3.) ON going through the papers sent up with the challan, the trial Court found that prima facie a case was made out against the Appellant under Sections 376 and 302 IPC and accordingly framed the charge under Sections 376 and 302 IPC and when the Appellant pleaded not guilty to the charge, the prosecution was called upon to lead its evidence. To bring home the charges, the prosecution examined Dr. Pritpal Singh as P.W. 1, Kanwaljit Kaur as P.W. 2, Dr. Ashok Raswant as P.W. 3, HC Karam Singh as P.W.4, Harminder Singh as P.W. 5, Varinder Kumar as P.W. 6, Constable Surinder Singh as P.W. 7, Sunil Kumar as P.W. 8, Balwinder Kumar as P.W. 9, SI Surjit Singh as P.W. 10 and Vijay Kumar as P.W. 11.