RAVINDER KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 10.4.2002, rendered by the Court of Additional Sessions Judge Rewari, vide which it convicted Mukesh alias Bala and Ravinder Kumar, accused. for the offences punishable under Sections 302, 376 read with sections 511 and 201 of the Indian Penal Code and the order dated 16.4.2002, whereby it sentenced them to undergo imprisonment for life each and to pay a fine of Rs. 5000.00 each, and in default of payment of fine to undergo RI for a period of two years each, for the offence punishable under Sec. 302 Indian Penal Code further sentenced them for a term extending to half of the imprisonment for life each for the offence punishable under Sec. 376 read with sections 511 Indian Penal Code; and further sentenced Mukesh alias Bala to undergo RI for a period of three years and to pay a fine of Rs. 3000.00, and in default of payment of fine to undergo RI for a period of one year for the offence punishable under Sec. 201 Indian Penal Code and further sentenced Ravinder Kumar accused. to undergo RI for a period of two years, and to pay a fine of Rs. 2000.00, and in default of payment of fine to undergo RI for a period of one year, for the offence punishable under section 201 Indian Penal Code. All the substantive sentences were ordered to run concurrently.

(2.) Jyoti aged about 6 years, grand-daughter of Balraj son of Chiranji Lal, was found missing from village Hazariwas, on 29.4.2000, at about 2/2.30 p.m. The missing report was lodged by Balraj on 30.4.2000, as Shiv Ram, father of Jyoti, was in service in Border Security Force, at the relevant time. Jyoti was wearing grey colour T-shirt with Nikkar (short pant). Search was made but she could not be located.

(3.) On 3.5.2000 Raja Ram son of Mahavir Singh and Manish son of Mahavir Singh, residents of village Hazariwas had gone towards the graveyard of Baba Sayad, locate on the Eastern side of the village, to answer the call of nature. They noticed emission of foul smell there. They came and told this fact to Balraj, aforesaid. Balraj and several co-villagers, reached the graveyard, aforesaid, and noticed loose earth near the same. They removed the loose earth and found the dead body of Jyoti lying buried there. Her T-shirt and short were also lying near the dead body. The hair of the head and skin of the body were peeled off. No apparent injury was visible. T-shirt and short were having blood stains. Balraj did not suspect anyone behind this incident, nor he could tell how Jyoti died. When he was going to the Police Station, to report the matter Raja Ram, Head Constable, met him on the way and he made his aforesaid statement Ex.PB before him on which he appended his endorsement at Ex.PB/l. He sent the statement to the Police Station on the basis whereof report Ex.P.M. was recorded in the Roznamcha. Raja Ram then went to the graves-yard of Sayad Baba. Inquest report Ex.PJ of the dead body of Jyoti was prepared. T-shirt and short (nikkar) lying near the dead body were taken into possession vide memo Ex.PC. The post mortem of dead body was got conducted by Raja Ram, Head Constable. The doctor opined the cause of death as asphyxia which was due to strangulation which was ante-mortem in nature, and was sufficient to cause death, in the ordinary course of nature. A wireless message regarding the murder of Jyoti daughter of Shiv Ram was received by Magan Singh, Sub Inspector. On receipt of this information,he went to Civil Hospitl, Rewari, where Raja Ram, H.C. met him. H.C. Raja Ram handed over to him, the post mortem report inquest report, and copy of rapat No.9 dated 3.5.2000 Ex.PM on which he made endorsement Ex.PM/1 and the same was sent to the Police Station for registration of FIR on the basis whereof FIR PM/2, was recorded. From Civil Hospital, Rewari, Magan Singh, S.I. rent to the spot, in village Hazariwas. Balraj etc. also accompanied him. He inspected the spot. 2. On 5.5.2000, HC Gyarsi Lal. Rajinder Singh, Constable, and Ram Niwas, Constable, met him at Mohindergarh Chowk. Dhanpat Singh, resident of village Hazariwas before whom the accused made extra judicial confession, produced them before Magan Singh, Sub Inspector on 5.5.2000. They were arrested. On interrogation accused, Ravinder, made a disclosure statement, regarding his involvement, in the crime, which was recorded as Ex.PD. It was signed by him. Similarly, on interrogation, Mukesh, accused, also made a disclosure statement, Ex.PE regarding his involvement in the crime, which was signed him. Thereafter, Ravinder and Mukesh, accused, showed the place of crime. Memo of demarcation, Ex.PF, was prepared at the instance of Mukesh, accused. Memo of demarcation Ex.PG was prepared at the instance of Ravinder, accused. Rough site plans Ex.PN, Ex. PN/1, Ex. PN/2 and Ex. PN/3 were also prepared. Both the accused were got medicolegally examined. Underwears of the accused were also taken into possession vide memo Ex.PO. The statements of the witnesses during the course of investigation, were recorded at different stages. After the completion of investigation, the accused were challenged. 3. On their appearance, in the Court of Committing Magistrate, the accused were supplied the copies of documents, relied upon by the prosecution. After the case was received by commitment, charge under Sections 376/511,302/34 and 201 of the Indian Penal Code, was framed against the accused, to which they pleaded not guilty and claimed judicial trial.