CHHITAR LAI & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellants Chhitarlal and Banta have been convicted by the Additional Sessions Judge, Baran, by his judgment dated Jan. 18, '88, for offences u/ss. 364, 376/34 and u/s. 302/34, IPC; and for the first two offences, they have been sentenced to rigorous imprisonment for ten years each, with a fine of Rs. 1,000/- for each offence; and to imprisonment for life for the offence u/s. 302/34, IPC, and both of them have come in appeal against their convictions and sentences, to this Court.

(2.) Girjesh Kumari, a girl aged about 12 years and daughter of Dalchand PW 7, was the victim of the offences. The prosecution case is that the appellants and Ramchandra, non of Chhitarlal appellant No. 1, had Kidnapped Girjesh Kumari in order that she might be murdered, and in furtherance of their common intention they murdered her, after committing rape on her in a field where sugarcane crop was standing. The place of the incident is shown by mark 'B'in the site-plan (Ex P. 3). prepared by the SHO of PS-Kishanganj in District-Kota. The report of the incident was lodged at 1.05 PM on Nov. 5 '86, by Dalchand. at PS - Kishanganj, though Memraj PW 2. It was mentioned in the First Information Report (FIR) (Ex.P.l) by D.I hand that at about 7 AM on Nov. 2, '86, his daughter Girjesh Kumari had gone to the well, to look after the crop of 'Rajka'. When Dalchand returned to his house from his field, his wife told him that Girjesh Kumari had gone to the field, and that she had not returned home. Dalchand in search of his daughter went over the field and called his daughter by her name. but, there was no response. Then, when he went towards the bushes, the appellants and Ram Chandra ran away from that place. They had 'Kuntiya' and 'Paraniya' in their hands. Dalchand stepped forward inside the bushes, and found his daughter Girjesh Kumari lying there dead with her underwear opened and loosened. He raised a cry. Thereupon, Arjun Ramkishan and some others came there; and they all took Giresh Kumari to the house of Dalchand. Ramchandra Sharma PW 19 was the SHO, PS-Kishanganj. He reached the place of incident and prepared the site-plan (Ex. P. 3), together with the memo of inspection. He also prepared an inquest-report (Ex. P. 4). Post-mortem examination of the dead body of Girjesh Kumari was conducted by a medical-board consisting of Dr. M.M. Singh; Dr. (Mrs.) Urmila Katiyal, and Dr. B.M. Soni of Government Hospital, Baran, Girjesh Kumari had 9 external injuries on her body. There were 5 marks of teeth-bite just over left eye-brow; and 6 teeth-bite marks on the left cheek of the girl. Apart from that, she had 5 incised wounds over left cheek, lateral side of neck, another wound 1" below the above injury another just right to midline of neck and ; and one another 1/2" below it; and there was linear scratch extending to mid-cheek; and one abrasion. According to the Medical Board the death of Girjesh Kumari occurred due to hemorrhagic shock caused by injury on left carteid artery and left Internal Jugalar Vein causing excessive bleeding. It appeared that she (Girjesh Kumari) had been raped before her death. Blood-stains were present over both labia majora, perimum and inner parts of thighs. Hymen was ruptured. Vaginal examination revealed longitudinal tear on the posterior walls, approximately 1/2" long. Two swabs from posterior vaginal fomix were taken for chemical-examination. The clothes which Girjesh Kumari was wearing, were seized by the police. After necessary investigation, a charge-sheet was filed against the appellants in the court of Additional Chief Judicial Magistrate, Baran, who committed the case on Jan 3 '87, for trial, to the court of Additional Sessions Judge. Baran. The Additional Sessions Judge, Baran, charged the appellants with offences u/ss. 364, 376, or in the alternative, u/s 302/24/IPC; and u/s. 302, IPC, or in the alternative u/s. 302/34, IPC. Both the appellants pleaded not guilty and claimed to be tried. After trial, the Additional Sessions Judge found both the appellants guilty for the offence mentioned above and sentenced both of them as aforesaid. So far as Ramchandra was concerned, he was charge-sheeted in Children's Court as he was a child.

(3.) The Additional Sessions Judge found that Girjesh Kumari was first raped and then murdered, and this finding is based on the evidence of the three doctors constituting the Medical-Board. The motive loading to the crime was held to be that some days before the incident. Roop Narain, brother of Dal Chand, had behaved indecently with the daughter-in-law of Chhitarlal appellant. Chhitarlal behaved indecently Dalchand and made a complaint about to him. Chhittarlal had threatened Dalchand that he would take revenge from him. The Additional Sessions Judge believed the statement of Ghanshyam Dhakar PW 1 that he had seen the appellants going towards Aklera, from the field of Dalchand, Gajanand Dhakar PW 10 also deposed that he had seen the appellants running away from the field of Dalchand soon after the incident. Similarly, Ramkishan PW 12, Arjunsingh PW 15 and Dalchand PW 17 also had seen the appellants going armed from the sugarcane field of Dalchand. The Additional Sessions Judge also relied upon the statement of Kalyan Bairwa PW 4, who is stated to have seen the appellants and Ramchandra lifting away Girjesh Kumari from the boundary-wall and taking her inside the bushes. The trial court also believed the evidence of Fateh Chand Meena PW 11, before whom, Chhitarlal appellant is alleged to have made extrajudicial confession of the guilt. The clothes of deceased Girjesh Kumari which were seized had the police and were sent for chemical-examination, were opined to be stained with human-blood of Group-B. The clothes of Chhitarlal which were seized, including the weapon, 'Kuntiya', recovered at his instance and they were also found to be stained with human-blood of Group-B The trial court held that there was no delay in lodging of the FIR, and that the contents of the FIR could not be said to be fabricated owing to appearance of the interpolation of the name of Banta appellant in Ex.P.l. It was thus held that the prosecution has been able to establish that the appellants committed rape on Girjesh Kumari and after having raped her, they murdered her. It was also held that the appellants had lifted away Girjesh Kumari, and she was taken to the field having crop of sugarcane.