NARESH DASS Vs. STATE OF U.T. CHANDIGARH

JUDGEMENT

(1.) THE appellant challenges judgment and order dated 25.4.2006 passed by Additional Sessions Judge, Chandigarh convicting and sentencing the appellant in the following terms: -

(2.) PW 1 Pappu son of Ram Rattan, resident of village Burail, Chandigarh, filed a report at Police Station, Sector 31, Union Territory, Chandigarh, at 4.00 P.M. on 29.1.2004 that his 10 year old daughter Meera is missing since 4.00 PM. PW1 Pappu stated that his daughter had gone to the adjoining forest to collect fuel wood, but has not returned and despite his best efforts, she is not traceable. The police flashed a wireless message to the control room. At about 7.00 A.M. on 30.1.2004, while Pappu and others were searching for his daughter, they discovered her dead body near the ganda nala in village Faidan. The police were informed and arrived at the spot, forwarded a ruqa, which led to registration of FIR No. 17 dated 31.1.2014 and commencement of investigation. PW5 SI Satnam Singh requisitioned the services of a photographer PW8 Mohinder Singh, who took photographs of the dead body. PW4 Surjit Singh appeared before SHO, Police Station Sector 31, Chandigarh on 1.2.2004, produced Naresh Dass before the police by stating that Naresh Dass has suffered an extra -judicial confession that he has murdered Meera by throttling her as she began raising noise, while he (Naresh Dass) was sexually assaulting her. Naresh Dass was arrested, on 1.2.2004, by the SHO, vide arrest and information memo Ex. P25, which bears the RTI of Bindo wife of Naresh Dass. The police searched the person of Naresh Dass and recorded memo Ex. P25, signed by Naresh Dass, ASI Nand Lal, S.I. Partap Singh, S.I. Phool Singh and the SHO. The police also recorded the statements of PW12 Raja Ram, a domestic servant, aged 9 years, PW13 Pintu, aged 13 -14 years, a shepherd, who stated that they had gone to the forest on 29.1.2004 with Meera to collect fuel wood and while they were collecting fuel wood, the appellant arrived and told PW12 Raja Ram and PW13 Pintu to leave. They left immediately but Meera stayed behind with the appellant. The police forwarded the dead body for post mortem which disclosed that Meera had died of asphyxia by throttling.

(3.) THE prosecution has examined PW1 Pappu son of Ram Rattan, aged 30 years, father of the deceased, who deposed that on 29.1.2004, Meera had gone to forest to collect fuel wood, but did not return and his attempts to find her were unsuccessful, but eventually he found her dead body near the ganda nala in the area of village Faidan at about 7.00 A.M. on 30.1.2004. PW2 is Head Constable Raj Pal, who tendered his affidavit, Ex. P19. PW3 is Dr. Adarsh Kumar, Senior Lecturer, Department of Forensic Medicine, GMCH, Sector 32, Chandigarh, who was a member of the Board of Doctors, that conducted postmortem on 31.1.2004 and opined that cause of death was asphyxia by throttling. PW4 is Surjit Singh son of Ujjagar Singh and an agriculturist in village Faidan who deposed about the extra judicial confession suffered by the appellant before him and is the person who produced the appellant before the police on 1.2.2004. PW5 Sub Inspector Satnam Singh is the Investigating Officer, who has deposed with respect to the investigation, identification of the dead body by Pappu, the inquest report, the post mortem, taking of photographs etc.