LALA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - This appeal has been filed against the judgment of the learned Additional Sessions Judge No. l, Hanumangarh dated September 04, 1985 by which the accused-appellant has been convicted under sections 302 and 376, I. P. C. and sentenced to undergo imprisonment for life and 10 years respectively and to pay fine of Rs. 1,000/- for each offence and in default of payment of fine to further undergo R. I. for six months. The prosecution case may be summarised thus.

(2.) ON October 10, 1983, at 5 P. M. F. I. R. Ex.-P/23 was lodged in the Police Station, Hanumangarh by Chandra Bhan Arora P. W.-8, resident of Dabalirathan, in short, as follows. Ramlila was going on in the village. At about 8. 30 P. M. , her nice Premlata, aged 8 years and Mamta, aged 4 1/2 years, went to see it. At about 11. 30 P. M. , Premlata alone came back. ON enquiry, she told that Mamta had earlier left Ramlila at about 10. 30 P. M. saying that she was going back to her home. He and his nephew Kashmirilal left for Ramlila ground for her search and announcements were got made through loudspeakers in Ramlila ground and also near Gurudwara that Mamta daughter of Darshanlal was missing and she might be brought to Darshanlal's house if she was found by anybody. He alongwith Om Batra, Vaidhya Chawala, Parveen, kashmirilal etc. started searching here in the village. At about 2. 45-3. a. m. , the dead body of Mamta was seen in the lonely 'bada' of Sohanlal Mitha by Moolaram Nai and Parveen Gava. He alongwith Darshanlal and Diwan Chand Up-Sarpanch went inside and saw the dead body of Mamta lying in a corner of the said Bada with a lighted torch. Her private parts and other parts of the body and also frock had blood-stains showing that she had been raped and murdered. A case was registered under Sections 302 and 376, I. P. C. and usual investigation was commenced. Foot prints were found near the dead body of Mamta and mould of the distinct foot-print was taken and memo Ex. P/5 was prepared. ON 11. 10. 1983, the accused-appellant was arrested vide arrest memo Ex. P/6. His pant and bush-shirt were seized through seizure memo Ex. P/8. His specimen foot-print was taken and memo Ex. P/10 was prepared. After completing investigation, challan was filed against him under Sections 302 and 376, I. P. C. The plea of the accused is in bare denial. The prosecution examined Dayal Singh P. W.-l before whom the accused- appellant made extra-judicial confession, Prem Lata P. W.-2 (sister of the deceased), Madanlal P. W.-3 who saw the accused moving in front of his house at about 10-10. 30 p. m. that night when he came out of house to ease himself, Dr. Narendra Godara P. W.-4 who conducted the post-mortem examination on the dead body of Mamta, the investigating officers Mohan Singh P. W.-7 and Om Prakash P. W.-6. informant Chandra Bhan P. W. 8, S. D. M. , Hanumangarh Sukhdev Singh P. W.-9 who conducted the proceedings under Section 174, Cr. P. C. and attesting witness Ramjilal P. W.- 10 and tendered and proved 28 documents. In his statement recorded under Section 313, Cr. P. C. 1973 the accused-appellant disclosed that the police arrested him from his house, it took him to the police station and there his foot-prints were taken twice in presence of Police Officers and also a Magistrate. He has not produced any evidence in his defence.

(3.) CHANDRABHAN P. W.-8 has deposed that the dead-body of Mamta was first seen in Sohanlal's Bara in the light of the torch at about 2. 45-3. 00 A. M. during the night intervening 9th and 10. 10. 1983. The F. I. R. Ex.-P/23 was lodged at 5 A. M. in the Police Station, Hanumangarh which is at a distance of six miles from the village Dablirathan where the said occurrence took place. The Investigating Officer Mohan Singh P. W.-7 says that he reached Dablirathan at 6. 50 AM. There is nothing on the record to indicate that precautions were taken to keep safe the foot-prints of the culprit which were visible near the dead-body of Mamta. Before his arrival at the place where the dead-body was lying, several persons had been there to see the dead-body. Mohan Singh P. W. 7 himself admits that when he came to the said place he found several persons standing there. As a result of the visit of several persons near the dead-body of Mamta, the foot-prints, if any of the culprit, would have disappeared by that time and in any case must have been disturbed.