PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused appellant has preferred this Criminal Appeal aggrieved by the judgment of conviction dtd. 9/7/2021 whereby the accused appellant has been convicted for offence under Ss. 302, 376, 379 and 404 IPC and against the order of sentence dtd. 12/7/2021 whereby he has been sentenced for offence under Sec. 302 IPC for life imprisonment (rigorous imprisonment) and a fine of Rs.50,000.00, in default of payment of fine, to further undergo 6 months rigorous imprisonment; for offence under Sec. 376 IPC, he has been awarded life imprisonment (rigorous imprisonment) and a fine of Rs.50,000.00, in default of payment of fine, to further undergo 6 months rigorous imprisonment; for offence under Sec. 379 IPC, he has been sentenced for a period of 2 years rigorous imprisonment and a fine of Rs.10,000.00, in default of payment of fine, to further undergo 3 months rigorous imprisonment and for offence under Sec. 404 IPC, he has been sentenced for 3 years rigorous imprisonment and a fine of Rs.10,000.00, in default of payment of fine, 3 months rigorous imprisonment. All the sentence awarded by the Court below shall run consecutively and not concurrently.

(2.) Succinctly stated the facts of the case are that on 29/1/2018, an FIR No.16/2018 for offence under Ss. 302 and 201 IPC was registered at Police Station, Kailadevi, Karauli. As per the said FIR, an unidentified body of a lady was found in the lane near Kharagarhwali Dharmshala. The body was spotted by some villagers, who informed the police. The body was spotted near public toilet and body was recovered in a plastic bag. The body was not identified at the spot, although as per the prosecution evidence, at the place, many people were present including Shanti (PW-1) and Rekha @ Kalla (PW-29), who are the star witnesses in this case. On 29/1/2018 a missing person report was filed at Police Station, Gangapurcity by one Harkesh about disappearance of his wife since 28/1/2018. The body was identified by Harkesh on 30/1/2018. After due investigation, the police submitted charge-sheet against the accused appellant for offence under Ss. 302, 397, 201 and 376 of IPC and against Hari and Virendra @ Vijay @ Munshi under Ss. 201 and 176 of IPC. The learned trial Court has framed charges against the accused appellant for the offence under Ss. 302, 397, 201 and 376 of IPC and charges were framed against Hari and Virendra @ Vijay @ Munshi for the offence under Ss. 176, 201 read with Sec. 120-B IPC. All the accused denied charges and claimed trial. During pendency of the trial, Hari died and proceedings against him abated. On behalf of the prosecution, as many as 30 witnesses were examined, 68 documents were exhibited and Article-1 was produced before the Court. The accused were examined under Sec. 313 Cr.P.C. After hearing the arguments, the Court below acquitted Virendra @ Vijay @ Munshi and convicted the accused appellant for offence under Ss. 302, 376, 379 and 404 of IPC, aggrieved by which, the present appeal has been preferred before this Court. Against the acquittal of Virendra, the State has not preferred any appeal.

(3.) It is contended by the counsel for the accused appellant that the prosecution case as mentioned in the charge-sheet was that accused appellant along with the deceased took a room on rent at the Dharmshala. Thereafter, after raping and murdering her, he left the Dharmshala at 06:00 PM. Hari - Caretaker of the Dharmshala found the deceased in a pool of blood and informed Rekha (PW-29) to call her friend. After her friend i.e. Virendra reached the Dharmshala, Hari - Caretaker cried and asked him to help in disposing of the body as he was afraid of police interrogation. Thereafter, both Hari and Virendra packed the body in a plastic bag and disposed of the body in the adjoining gali. Thereafter, they cleaned the room of bloodstains. It is also contended that the Court has acquitted Virendra and Hari has expired and proceedings against him has abated. The possibility of Hari and Virendra being involved in the gruesome murder and rape cannot be ruled out. It is further contended that once the police after due investigation had arrived at the conclusion that Virendra and Hari were involved in disposing of the body, it was the bounden duty of the Investigating Team to recover their clothes and send the same to FSL.