CHHINDER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two appeals are directed against the judgment of the learned Additional Sessions Judge, Raisinghnagar dated 24-1-1985, whereby, he has convicted and sentenced the accused Chhindersingh for the offences under Ss. 302, 363, 376 and 201, IPC and also convicted ' and sentenced to accused Rajendrasingh for the offences under Ss. 363/34 and 366, IPC. Since both are connected appeals, hence, these appeals are disposed of by common judgment.

(2.) Necessary facts to be noticed, in short, are that on intervening night of 17/ 18/10/1983, accused Chhindersingh and Rajendrasingh came in the house of the complainant Daluram and kidnapped his daughter Sugani aged 14-15 years. Sugani along with his brother Badri was sleeping in the court-yard of the house. His brother Mohanlal along with his wife Pappi were sleeping in Kotha just adjacent to the court-yard of the house. The complainant Daluram was sleeping in front of the garage. The accused-appellants entered in the house at bout 3 a.m. and while Chhindersingh lifting the girl Sugani, she cried. On hearing the cries, PW 2 Mohanlal and PW 3 Pappi got up. The gate of Kotha, in which, they were sleeping, opens in the court-yard where the deceased was sleeping. PW 2 Mohanlal and PW 3 Pappi, both have seen that Chhindersing has lifted the girl and put her on his shoulder, while the accused Rajendra Singh was standing nearby. On seeing Mohanlal and Pappi, the accused Chhindersingh threatened them, if come nearer, he will shoot them. They were afraid of Chhindersingh and went back inside the kotha as shown in the site-plan. After 4-5 minutes, they again came out from the kotha and saw that the deceased Sugani is missing. PW 2 Mohanlal immediately came to his father Daluram PW 1 and narrated the incident. On that, PW 1 Daluram, PW 2 Mohanlal and PW 3 Pappi went out of the house and tried to search out the deceased Sugani but they failed to find out. P.W. 1 Daluram immediately went to his father-in-law Chandram's house, who was also living in the same village. Along with Chandram, he came back and saw the foot impressions of these two persons. In the morning of 18th, PW 1 Daluram also called one Sheonath Khoji, who is expert in foot impressions. After seeing the foot impressions they came to know that the accused went towards west side of the house and that foot impressions found up to pucca road. In the morning, other neighbours were also gathered. PW 1 Daluram along with Sheonath Khoji went to PW 5 Manphoolaram and narrated the incident, which happened in the night. Thereafter, Daluram, Chandram, Sheonath Khoji and Manphoola Ram went to PW 4 Gurdeosingh. All these persons, then, went to the shop of Dr. Rajendra Singh, Co-accused in this case. They inquired about the deceased Sugani. He pleaded ignorance. Thereafter, it is told that PW 2 Mohanlal and PW 3 Pappi have seen him (Rajendrasingh) along with Chhindersingh. He admitted that in the night, he was along with Chhindersingh but he was standing outside the house. Chhindersingh has taken away to Sugani. Now, he is not aware where Sugani is ? Thereupon, they proceeded to find out whereabouts of Chhindersingh accused. While they were just going out of the village, at a distance of 2-3 murbbas, they saw Chhindersingh coming towards the village Satrana. P.W. 1 Daluram asked him where is Sugani ? He became angry and said that whether he runs after Sugani. Then, P.W. 1 Daluram again told him that Rajendra Singh has already pleaded his guilt and he told that now the girl is in your possession. Again, he pleaded ignorance and then he was taken to Rajendrasingh, co-accused and it was told that Chhindersingh that you have taken away the girl Sugani. On that he admitted that he has taken away the girl. He has raped her. She was crying then he killed. It was also asked that where is the dead-body of Sugani. Without any reply, he left the place and went away.

(3.) On these facts, it was decided to lodge the FIR. The FIR was lodged at police station, Anupgarh at 5 p.m. on 18-10-83. The FIR was registered. PW 12 Mahaveer Prasad, ASI and in charge of police station on that day, he came along with PW 1 Daluram on the site. He prepared the Halat Mauka (Ex. P/2) and foot impressions were taken and Ex. P/3 was prepared in this respect. He also seized Chhuni of the deceased from the spot and prepared the seizure memo Ex. P/12. The accused Chhindersingh was arrested on 19th vide arrest memo Ex. P/20. The accused Rajendra Singh was also arrested on the same day vide arrest memo Ex. P/21. Accused Chhindersingh has informed about the place of incident vide information memo Ex. P/22 and accused Rajendra Singh has given information about the place where he was standing at the time of kidnapping of Sugani vide Ex. P/23. The accused Chhindersingh has also informed about the dead-body of the deceased lying in the field of Kesara Ram. Panchayatnama of the dead-body was prepared i.e. Ex. P/5. Salwar and Jampher of the deceased were seized and prepared the seizure memo Ex. P/8. The pieces of broken bangles of the deceased were seized and prepared the seizure memo Ex. P/6. In the field of Kesraram, the impressions of foot-prints of the accused Chhinder Singh and deceased were taken and prepared Ex. P/9. Photographs of the deceased were taken in the field i.e. Ex. P/13 to Ex. P/18. Chappals of the deceased was also recovered from the house of the complainant where the deceased was sleeping before the incident and prepared the seizure memo Ex. P/12.