SANJAY Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been filed by the appellant against the judgment and order 12/14-2-2003 passed by learned Sessions Judge, Bhiwani, vide which he was convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 3000/-. In default of payment of fine, he was further sentenced to undergo R. I. for nine months under Section 302, IPC. He was also convicted and sentenced to undergo R.I. for four years and to pay a fine of Rs.1000/-. In default of payment of fine, he was directed to undergo R. I. for six months under Section 328, IPC. However, both the sentences were ordered to run concurrently

(2.) The case of the prosecution is that of 14-1-1999 at about 8.30p.m. Sada Ram and his brother Prithvi were watching television. Wife of Sada Ram told him that Babli, his daughter, had gone to tie the he-calf and had not returned. Sada Ram searched for Babli here and there. Then he heard a noise from the roof. He went there and saw that Sanjay had gagged the mouth of Babli with his hand while she was trying to free herself. Sada Ram got released Babli from the clutches of Sanjay. In the meantime, Prithvi also came there. Sanjay ran away from the spot. They brought Babli down-stairs. She complained of vomiting. When they enquired from Babli that what happened, she told that Sanjay wanted to commit rape on her, but when she resisted, he forcibly put a sulphas tablet in her mouth and pressed her mouth. due to which some part of it went inside her stomach and some part was visible in the vomiting. When the condition of Babli became serious, Sada Ram along with Sube Singh, Bahadur Singh and Rati Ram took her to the hospital in a private car and got her admitted but during treatment, she breathed her last. On receipt of information. ASI Hari Chand went to General Hospital, Charkhi Dadri and recorded the statement of Sada Ram, Ex. PK, on the basis of which formal FIR Ex. PK/1 was recorded.

(3.) The accused surrendered in the Court on 9-2-1999. He was interrogated by PW-15 SI Sube Singh on 10-2-1999. On interrogation, he made a disclosure statement, Ex. PT, that he had kept concealed a tablet in Dibi in his residential house and could get the same recovered. The said statement was attested by PWs. In pursuance of disclosure statement, the accused led the police party to the place of disclosure and got recovered the celphos tablet, which was taken into possession vide recovery memo Ex. PU.