CHETAN KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) THE instant appeal is directed by the accused/appellant against the impugned judgment rendered on 15.10.2013 by the learned Sessions Judge, Solan, District Solan, H.P., in Session Trial No. 11 -NL/7 of 2011, whereby, the learned trial Court convicted and sentenced the accused/appellant for his having allegedly committed offences punishable under Sections 376 and 302 read with Section 34of the IPC.

(2.) THE brief facts of the case are that the complainant Sanarul Sheikh is resident of West Bengal. He is presently working in PNG Sarvotam Company at Baddi and is residing in a Jhuggi at Judi Kalan with his wife and daughter Sarjina Khatun. His wife is also working in a company and likewise, his daughter Sarjina Khatun was also working in a Jeep factory which manufactures Torches. On 10.2.2011, he and his wife had gone to the place of their service but their daughter did not go to work as she was not feeling well. In the evening hours, Sahib Ali and Mithu Munshi came to the complainant, Sanarul Sheikh, where he was working and they told him that his daughter Sarjina Khatun, had been seen by one Kolina with Munirul Sheikh and Chetan Kumar on which he came back to his Jhuggi and found Sarjina Khatun missing. They went in search of her, but could not find her during whole night and day. They had also gone to the rooms of Munirul Sheikh and Chetan Kumar, and they were also found missing. The said Munirul Sheikh was residing in the vicinity of the complainant in a Jhuggi, who is also hailing from West Bengal, whereas Chetan Kumar is a resident of Uttarakhand and both of them were good friends. On 11.2.2011, the police received information through telephone from some unknown person about one dead body of a girl in Balad Khad above the depot of timber and that information was reduced into writing comprised in Ex. PW15/F. On the basis of this information, the SHO, ASI Kalyan Singh, ASI Tapender Singh, HHC Jasbir Singh, C. Sher Singh, Lady constable Leela Devi went to that place in a government vehicle No. HP -12 -C -5442 and information about it had also been telephonically given to Dy. Superintendent of Police and Superintendent of Police, Baddi. When they reached the spot they found a dead body of a girl aged about 15 years, which was lying in half naked position near the river. The face of the dead body was towards the ground. Her salwar and underwear had been placed in between her both legs and were entangled in between her thighs and knees. Her neck had been tied with Dupatta and blood was oozing from her mouth and was also lying on the earth. HHC Jasbir Singh was sent to nearby huts to call the persons from there so as to identify the dead body. Many people came from the hut colony and Suresh Kumar from Gram Panchayat had also come there. The information about the dead body had also reached the complainant Sanarul Sheikh, on which he and Sahib Ali, had also visited the spot. The complainant, Sanarul Sheikh, identified the dead body of his daughter Sarjina Khatun, who had then recorded his statement Ex. PW1/A to the police which was reduced into writing and was attested by Inspector/SHO Hem Raj. This statement, Ex. PW1/A was sent to the police station, Barotiwala for registration of the FIR through H.C. Kuldeep Singh and on receipt of this statement Ex. PW1/A, the FIR Ex. PW7/A was registered in the police station. The police conducted the investigation into the case and during the course of investigation, lifted the blood stained earth and grass from the spot and preserved it in a plastic container and the same was packed in a piece of cloth and was sealed with six seals of seal impression "Y" and was taken into possession vide memo Ex. PW1/B in the presence of Sanaul Sheikh and Suresh Kumar. Controlled sample of soil from some distance had also been lifted and similarly, the same had also been preserved in a similar plastic container and was sealed with six seals of seal impression M and was taken into possession vide memo Ex. PW1/C in presence of witnesses. A pair of lady/s chappal was lying at a distance of about 30 -=35 feet away from the dead body which were identified by the complainant Sanarul Sheikh to be of his daughter and the same were also lifted from there and were sealed in a piece of cloth with 7 seals bearing seal impression 'R' and were taken into possession vide memo Ex. PW1/D in the presence of witnesses. The police prepared inquest report and also took the photographs of the dead body with the digital camera. Site plan of the place from where the dead body was recovered had been prepared. The dead body was sent for postmortem examination. During the course of post mortem examination of the deceased seven injuries were found on the body of the deceased. Multiple abrasions and bruise marks were found on her face. Ligature marks extending all around the neck were found therein. Bilateral hyoid bone suffered fracture. Occurrence therein of nasal and oral bleeding was observed. Laceration in anterior part of the tongue had also been detected. Her hymen was found ruptured and vaginal tear was present at the external orifice. Heart, lungs of the deceased had been preserved in a jar. Similarly, the kidney, liver and spleen of the deceased were preserved in a separate jar and her stomach, small intestine, large intestine and uterus were preserved in a separate jar. Her pubic hair and blood sample from her heart were also been preserved. For DNA profiling samples were taken from the skull hair, lips, and skull bone of the deceased. Swabs were also taken from the posterior vaginal wall, cervical swab and from the introitus of the deceased. All the samples were packed in a cloth and were sealed with seal impression MO CH, Nalagarh and had been handed over to the police for the purpose of chemical analysis. The clothes of the deceased and Dupatta had also been sealed separately and were handed over to the police. After post mortem examination, the dead body had been handed over to the complainant vide separate memo. The case property had been deposited with MHC, P.S., Barotiwala. The search for the accused also started. Accused Chetan Kumar was residing in the house of Mahinder Singh, therefore, the said house and the room in which accused Chetan Kumar was residing was searched by the police in the presence of Mahinder Singh and Sahib Ali but the accused Chetan Kumar was found missing and from his room an identity card and a registration letter had been recovered which were taken into possession by the police vide separate memo in presence of the witnesses.

(3.) ON conclusion of the investigation, into the offences, allegedly committed by the accused, a report under Section 173 of the Code of Criminal Procedure was prepared and filed in the Court against accused Chetan Kumar only since other co -accused Munirul Sheikh could not be arrested despite best efforts put in by the police and he stood declared as proclaimed offender.