DHARAM PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE prosecution charged Dharam Pal, appellant herein, for his lust for sex resulting into rape and murder of a minor child, aged 7-8 years, daughter of Gurcharan Singh, PW7. In the resultant trial, on the charges under Sections 302/376 of the Indian Penal Code, learned Sessions Judge, Bhiwani vide his order of conviction and sentence dated September 16, 1994, sentenced the appellant to undergo imprisonment for life and to pay a fine of Rs. 20,000/-, or in default of payment of fine to further undergo RI for six months, under Section 302 IPC as also to ten years rigorous imprisonment and to pay a fine of Rs. 20,000/-, or in default thereof to further undergo RI for six months, under Section 376 IPC. It is against this order of conviction and sentence that the present appeal has been filed through jail. Appellant has been provided the services of a lawyer on the panel, Mr. K.S. Hooda, who even though assisted the Court to the best of his capability, has not been able to make any dent in the prosecution version.

(2.) THE hapless victim of rape and murder was sent by her grand-father, Molu Ram to fetch Biris for him on the eventful day, i.e., March 15, 1993 at about 2.30 p.m. Sonu never returned and it is only at about 9.00 a.m. on March, 16, 1993 that her dead body was recovered from the road leading to Bidhwan Pond (Johar) in a gunny bag. Immediately, Gurcharan Singh, PW 7, father of the victim, swung into action when he reported the matter to the police at about the same very time when dead body of Sonu was recovered on March 16, 1993. On the basis of statement made by him, formal FIR came into being at 11.35 a.m. which was recorded by Munshi Ram SI, PW 15, in police station City Bhiwani. The special report reached the concerned Magistrate at Bhiwani on the same very day at 2.30 p.m. which was carried by Constable Lilu Ram.

(3.) BESIDES the two doctors, referred to above, the prosecution endeavoured to prove its case by examining Om Parkash, PW 13 and Roshni, PW 10. These are the witnesses who had last seen the victim which was recovered. PW 10 Roshni is a shopkeeper. Sonu had gone to her shop to purchase Biris on the eventful day at about 1.45 p.m. The appellant Dharam Pal was standing near her and he asked Sonu if she wanted to take Bhujia or toffee. Thereafter, the appellant took her by finger to the bazar. PW 13 Om Parkash, uncle of the victim, had seen Sonu on the shop of Roshni with the appellant. He saw them as such while he was going to his house from near the shop of Roshni. It was at about 2.00 p.m. that he had seen Sonu and Dharam Pal on the shop of Roshni. Appellant was offering toffees to Sonu. He went to his house. These two witnesses have fully supported the prosecution version. Sajjan Kumar, a Municipal Commissioner, who was examined as PW 5, stated that the appellant had confessed his guilt before him on March 25, 1993. The accused/appellant had gone to him at about 10.00 a.m. at his residence and told him that on March 15, 1993 he had taken Sonu daughter of Gurcharan Singh from the shop of Roshni who was coming after taking Biris and a match-box and took her to a room. After taking her inside the room, he bolted the same and had forcible sexual intercourse with her. Sonu was bleeding because of sexual intercourse and became unconscious. He, out of fear, throttled her to death to conceal the evidence of rape. He wrapped the dead body of Sonu in a gunny bag and firstly concealed it in that room. Then in the night he took the gunny bag to bury her near Bichhwana pond but some people came in front of him, and he had to throw the gunny bag in front of an Ambassador car and ran away. No dent at all could be made in the sworn testimony of this witness, even though he was adverted to a lengthy cross-examination by the learned defence counsel. The next link in the chain of prosecution evidence is with regard to recovery of a quilt, Ex. P 17 and some other items, like, Gadda, pillow, six broken bangles etc. from the scene of occurrence, i.e., where Sonu was allegedly raped and murdered. These recoveries were made on March 16, 1993, in the presence of Om Parkash, uncle of the deceased, Ashok Kumar, an independent witness and Kiran Kumar, who was heading a Crime team that was pressed into service immediately on receipt of information with regard to death of Sonu. These three witnesses, once again, have fully supported the prosecution version. The prosecution also proved arrest of the appellant on March 25, 1993 when he was produced by PW 5 Sajjan Kumar before the police. On his disclosure statement, Ex. PS, recovery memo, Ex. PS/1 was prepared which was attested by same very Ashok Kumar, who is a witness of the recoveries, as mentioned above, and Munshi Ram, the investigating officer, who was examined as PW 14. At the instance of the appellant, chappals, Ex. P1 and P2, necklace, Ex. P3, bangles, Ex. P4 to P 11, ear ring Ex. P12, belonging to the deceased and one underwear, Ex. P6, belonging to the appellant, were recovered. An Executive Magistrate (Tehsildar), who was examined as PW 12, deposed with regard to identification of the recovered items by the parents of the deceased. He also tendered his report, Ex. PN/1. The prosecution also examined Smt. Sheela, PW 11, owner of the room, stated to have been rented to the appellant, where this ghastly crime was committed. Munshi Ram, Sub Inspector, who conducted the entire investigation of the case, right from the recording of statement of father of the deceased upto putting the challan in Court, was examined as PW 15. The prosecution also relied upon the evidence of photographer, who was examined as PW 2 and Kanwar Pal, PW 4, who prepared site plans, Ex. PD and PD/1.