RAM JATAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Instant appeal has been filed by Ram Jatan son of Shri Parkash impugning judgment and order dated 19.11.2009 and 21.11.2009, respectively, passed by learned Additional Sessions Judge, Kurukshetra whereby he has been convicted for the offences punishable under Sections 376/302 IPC and sentenced to undergo life imprisonment, besides, fine of Rs. 5,000/- and in default thereof, to undergo rigorous imprisonment for two months for offence punishable under Section 302 IPC and to undergo rigorous imprisonment for ten years, besides, fine of Rs. 2,000/- and in default thereof, to undergo rigorous imprisonment for one month for offence punishable under Section 376 IPC. Both the sentences are ordered to run concurrently.

(2.) Brief facts are that, the complainant Bahadur Singh son of Chander Lal got his statement Ex.P38 recorded on 10.08.2008 to the effect that he was residing near Umri crossing alongwith his family for the last nearly five years. He has five sisters and a brother. His younger sister Sunita was washing clothes at a water tap installed near their residential tents on 09.08.2008 at about 10.00 a.m. She had gone missing since then. Despite efforts to locate her in the vicinity, they could not find her. On 10.08.2008 at about 1.30 p.m., they came to know that dead body of his sister was lying in bushes of a plot of Jagdish, resident of Mohan Nagar. He alongwith his family members found that his sister Sunita aged about 17-18 years had been ravished and murdered by unknown person by dragging and putting a Dupatta/Chunni around her neck. There was injury on her left eye, head and blood was oozing from her nose and ear. He prayed for legal action to be taken. On the basis of this statement, formal FIR, Ex.P48 was registered.

(3.) Officials of the crime team alongwith dog squad team reached the place of occurrence. Photographs, Ex.P20 to P27 were taken. Inquest report, Ex.P11 was prepared. Rough site plan, Ex.P12 was drawn. Body was sent for post-mortem. Application for post-mortem is Ex.P9. A pair of slippers Ex.P2, bracelet Ex.P3 and yellow handkerchief Ex.P4 were recovered from the spot and taken in possession vide recovery memo Ex.P1. Statement of Ranjit Singh son of Jeevan Dass who had first seen the dead body of Sunita when he had gone to answer the call of the nature was recorded.