MAHENDRA SINGH & ORS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The three appellants faced trial for allegedly having caused rape and homicidal death of Smt. Sajna in the night of 17.12.2003 in between 11:30-12:00 PM. They were tried for commission of offences punishable under Sections 302/34, 450, 376(2)(g) and 364 Indian Penal Code. Learned Additional Sessions Judge (Fast Track) Camp Rajgarh, District Churu, by the judgment dated 16.07.2004 convicted them for all the charges and sentenced as under:- <FRM>JUDGEMENT_176_LAWS(RAJ)7_2011.htm</FRM>

(2.) The prosecution version, as unfolded during the trial, is that on 17.12.2003 at about 11:30-12:00 PM all the three accused persons entered in the house of Smt. Sajna (deceased), where she was sleeping. In the same room her two kids of 3 and 5 years of age and mother-in-law Smt. Banarasi (PW-7) were also sleeping. All the three accused persons after entering in the room raped Smt. Sajna and then abducted her. Hearing the noise coming from the house Mahendra (PW-8), Tulchha Ram (PW-9) and Satish (PW-10) reached at the spot and witnessed the act of abduction in a pickup van. The dead body of Smt. Sajna was found in a private hospital next morning at Bhadra. The first information report of the incident was lodged at Police Station Taranagar by Tulchha Ram and investigation was made for the offences punishable under Sections 366, 376 and 302/34 Indian Penal Code. A charge sheet then was filed before the court competent alleging commission of offences punishable under Sections 450, 376(2)(g), 364 and 302/34 Indian Penal Code. The case was committed to the court of Sessions, charges were framed and on denial of the same regular trial commenced.

(3.) The prosecution substantiated its case with the aid of 15 witnesses out of whom Banarasi (PW-7), Mahendra (PW-8), Tulchha Ram (PW-9) and Satish (PW-10) were cited as eye witnesses. Shri Jinku Ram (PW-15) being Investigating Officer narrated all the steps taken during the course of investigation. The medical evidence was adduced by Dr. Subhash Rajput (PW-1) who alongwith two other doctors conducted the autopsy on the person of deceased. Several documents were also exhibited to support the prosecution story.