RESHAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal appeal lays a challenge to the judgment dated 02.09.2008 passed by the learned Additional Sessions Judge, Sangaria in Sessions Case No.12/2007 whereby the accused appellant has been convicted for the offence punishable under Section 302 IPC and sentenced to undergo imprisonment for life and pay fine in sum of Rs. 1,000/-, in default of payment to undergo simple imprisonment for one month.

(2.) Brief facts of the case are that a written report was filed by PW-2 Jagga Singh at the Police station, Sangaria, District Hanumangarh on 11.06.2007 stating therein that on 10.06.2007 he alongwith Ramandeep Kaur, daughter of his brother, aged about eight years, were grazing goats in the field of Baldev Singh. At that time, accused Resham Singh and Bunty came there and asked for water. On this, he went to fetch water from the field of Sadhu Singh. When he came back, he did not find Ramandeep Kaur. On asking, Bunty told him that she went back to village with her aunt. Later on, when he returned to his house he found that Ramandeep Kaur had not returned home. He alongwith Ruldu Singh and Baljinder Singh searched for Ramandeep Kaur and also informed the police. On the next day 11.06.2007, when he along-with other persons started searching Ramandeep Kaur, Paramjeet Singh told them that he has seen Ramandeep Kaur with Resham Singh and Bunty going towards Khala. On this, all went towards Khala where they found marks of dragging and the dead body of Ramandeep Kaur. She had injury marks on her body. The clothes were also found to be torn. Both the accused Resham Singh and Bunty committed rape with Ramandeep Kaur and killed her.

(3.) Upon aforesaid complaint, police registered a formal FIR Ex.P/5 and investigation commenced. The police arrested the appellant on 13.06.2007 and after completion of investigation, challan was filed against the appellant before the court of Additional Chief Judicial Magistrate, Sangaria from where the case was committed to the court of Addl. Sessions Judge, Sangaria.