RAMPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) A married woman of thirty years (Maya) was throttled to death. This was the graveman of charge put against the appellant Rampal. Learned Special Judge SC/st (PA cases) Alwar, vide judgment dated March 26, 2003 convicted and sentenced the appellant as under:- u/s. 376 IPC: To suffer rigorous imprisonment for ten years and fine of Rs. 2000/-, in default to further suffer imprisonment for six months. u/s. 302 IPC: To suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer imprisonment for six months. The substantive sentences were ordered to run concurrently. This appeal has been filed by the appellant in challenge of the said judgment.

(2.) WE shall state the facts of the case as put forth by the prosecution:- Maya was a married woman. Since she could not adjust herself in her in-laws house, she came back to her parental house and started residing there. On March 11, 2002 around 11. 30 AM she had gone to jungle to collect wood-sticks and came back around 1 PM with a bundle of sticks. She left her house again at 2 PM for collecting another bundle of sticks but did not return back. She was vigorously searched whole night. In the next morning her dead body was found lying in a field of Rampal Yadav. She was half naked. Her `salwar' was lying on her breast and her scarf was tied on her neck. In between her naked thighs near vagina nylon underwear (chaddi) was found thursted. Devraj (PW. 3) submitted a written report to ASI Police Station Shahjahanpur who reached at the spot. On that report a case was registered against unknown person under Section 302 IPC and investigation commenced. The police recorded the statements of witnesses and arrested the appellant who was wearing underwear stained with semen. Seized articles were sealed and sent for examination to FSL and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Special Judge SC/st (PA Cases) Alwar. Charge under Section 302 and 376 IPC and Section 3 (2) (5) SC/st (PA) Act were framed against the accused, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 16 witnesses. In the explanation under Sec. 313 Crpc, the accused claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing final submissions arrived at the conclusion as indicated herein above.

(3.) GEETA (PW. 8) deposed that Maya had gone with her for collecting wood-sticks. When they reached in jungle Rampal and Bhagwana were sitting. Rampal then started helping Maya by cutting sticks for her. Maya collected sticks and sent back to her house. In the afternoon when she had gone to `johadi' she had seen Bhagwana, Hajai and Dhanpat only, Rampal was not there:- ***