MAN SINGH Vs. STATE

JUDGEMENT

(1.) The instant appeal has been preferred by appellant Man Singh under Section 383 Cr.P.C. being aggrieved of the impugned judgment dated 23.10.2013 passed by the learned Additional Sessions Judge, Banswara Camp Kushalgarh, in Sessions Case No. 34/2010 whereby, he was convicted for the offence under Section 302 IPC and sentenced to life imprisonment with a fine of Rs.10,000/- and in default of payment of fine further to undergo three months' simple imprisonment.

(2.) Brief facts relevant and essential for disposal of the instant appeal are noted herein below:- Shri Bhoorji R/o Village Motapada submitted a written report (Ex.P/22) at the Police Station Kushalgarh, District Banswara on 19.09.2010 alleging interalia that in the day time he, along with his daughter Champa (the deceased), aged about 15- 16 years, had both gone to fields for collecting grass. One stack of grass was cut and stacked and thereafter he asked his daughter to go home and prepare food. Champa left the field with the bale of grass at about 5 o'clock in the evening. He saw Man Singh going ahead and Champa following him through the fields. After cutting grass, he (Bhoorji) picked up the other grass bale and reached home at about 6:45 p.m. and asked his wife about Champa, on which, she responded that Champa had not returned home. The informant recollected that Champa was lastly seen following Man Singh and thus, he approached Man Singh and asked him about his daughter. Man Singh replied that he had gone to the market and feigned ignorance about Champa. The informant made a search in the nearby fields. Prakash told the informant that Champa was lying in the field of Udai Singh. The informant accompanied with other villagers, reached there and saw that Champa was lying dead in the field with blood oozing from the back of her head. Her clothes were disheveled and the undergarment was lying nearby. The informant alleged that some unknown person had killed his daughter.

(3.) On the basis of the report aforesaid, an FIR No.250/2010 came to be registered at the Police Station Kushalgarh for the offence under Section 302 IPC. The dead body of Champa was subjected to postmortem by a Medial Board constituted at the CHC, Chhota Dungara, District Banswara. The Board gave an opinion that numerous injuries were visible on the dead body of Champa and the cause of death was fracture of hyoid bone and trachea due to pressure on the neck. The organs of generation upon being examined were found to be healthy and no mark of injury were found thereupon. Scratches by nails were noticed on both the wrists. As the informant had alleged in the report that Man Singh was proceeding ahead of Champa, the finger of suspicion pointed towards him and he was arrested on 20.09.2010 vide Arrest Memo (Ex.P/24). It is pertinent to note here that no marks of injuries were noticed on the person of the accused when he was arrested. The Investigating Officer Shri Surendra Singh, SHO, PS Kushalgarh claims to have recorded information of the accused under Section 27 of the Evidence Act on 21.09.2010 at 11:00 a.m., in which, the accused allegedly divulged that on the fateful evening, he had tried to subject Champa to rape, on which, she resisted by raising the 'Danteda' (an equipment for grass cutting) in her hand. He snatched 'Danteda' and hit her on her neck. Thereafter, he pressed the neck of Champa and killed her. After the incident he threw the 'Datenda' in the fields. In furtherance of this information, the Investigating Officer claims to have recovered a 'Hansiya' vide recovery memo Ex.P/18 on 21.09.2010, from the field where the dead body was found. The 'Odhani' of the victim and the 'Danteda/Hansiya' allegedly recovered in furtherance of the information provided by the accused to the Investigating Officer both were forwarded to the FSL from where, a report admissible under Section 293 Cr.P.C. (Ex.P/26) was received, as per which, the 'Danteda' and Odhani were found stained with 'A' group human blood. After completion of investigation, a charge sheet was filed against the accused for the offence under Section 302 IPC in the court concerned. As the offence was exclusively triable by the Court of Sessions, the case was committed to the Court of Sessions Judge, Banswara from where, the same was transferred to the Court of Additional Sessions Judge, Banswara Camp Kushalgarh for trial.