VISHRAM @ VISHU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This DB Cr. Appeal under Section 374 Cr.P.C., has been filed against the judgment dated 11.8.2005 passed by Additional Sessions Judge (Fast Track) No.1, Alwar in Sessions Case No. 25/2005 (40/2005) whereby the present appellant has been convicted and sentenced as under:-

(2.) The short facts of the case as per the prosecution are that a written report (Ex.P/2) has been submitted by Rameshwar (PW/3), father of deceased child Santra on 15.2.2005 at 10.30 AM with the contention that on 14.2.2005 at about 10.00 AM her daughter Santra aged 5 years went to her school at Meena-Bas. When the girl had not returned from school in the evening at about 5.00 PM he started searching for his daughter. At that time, Kedar Meena and two ladies of the village have stated that they have seen Santra Bai going together with Vishram near agricultural land of Panna Lal Meena. Jag Ram Meena, Chet Ram Meena, Prahlad and others searched for the child for whole night. In the morning in Shravan Ram's agricultural field they found Santra's slippers and also blood near the slippers and crop was also impaired. After further search the dead body of Santra Bai was found in the well of Ghasi, she was found naked and blood was oozing from her vagina. Specific suspicion has been shown against the appellant. On this information formal FIR No. 38/2005 has been registered. After investigation, charge-sheet has been filed against the appellant for the offence under Sections 302 and 376 IPC. The case was committed to Additional Sessions Judge (Fast Track) No.1, Alwar.

(3.) The charges have been framed against the appellant for the offences under Sections 376 and 302 IPC which were denied by the accused person and he claimed to be tried. Prosecution has examined PW/1 Dr. Kirti Mathur, PW/2 Dr. Satish Agarwal, PW/3 Rameshwar, PW/4 Dr. M.K. Gupta, PW/5 Khillo, PW/6 Kedar, PW/7 Radheshyam, PW/8 Deen Mohammed, PW/9 Doctor Ravi Mathur, PW/10 Balram, PW/11 Dr. Phoolsingh Choudhary, PW/12 Chaganlal, PW/13 Jagram, PW/14 Kanhaiyalal, PW/15 Mahendra Kumar Meena and PW/16 Hemant Kumar and produced Ex. P/1 to P/30. Appellant has been examined under Section 313 Cr.P.C. and in defence, no oral evidence has been examined. After conclusion of trial, the present appellant has been convicted and sentenced as indicated above. Hence this appeal has been preferred.