RAMESH CHANDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction passed by learned Special Judge, SC/ST Court, Jodhpur, Miss Chandra Kanta Gupta, for offences under Ss. 302 and 201, IPC. She sentenced the accused appellant to life imprisonment with a fine of Rs. 1,000/- for offence under S. 302, IPC and in default to undergo 5 months simple imprisonment and for offence under S. 201, IPC she sentenced him to 7 years simple imprisonment with a fine of Rs. 1,000/- and in default to further undergo simple imprisonment for five months.

(2.) Succinctly stated facts are that Ramnihor, who was the senior cashier in the office of D.R.M., Jodhpur and resident of quarter No. 21/91, New Medical Colony, Jodhpur, reported to Station House Officer, Sardarpura on 11-3-1994 that he went to his office at 9-45 a.m. and when he returned at 5-45 p.m. his wife told that their daughter Malti was missing since 1 p.m. Malti was aged about 8 years and at the relevant time she was wearing a printed and spotted kamiz and salwar. She was of whitish colour and had bob cut hair. She was also wearing small silver pendal bearing photo of Hanumanji. This pendal also mentioned the name of the girl. She was wearing red colour hawai chappal. A photograph of Malti was also handed over to the police by Ramnihor. Police searched out the girl but could not find her. It was on 13-3-1994 that Ramnihor reported to the Station House Officer, Udai Mandir that he had reported about missing of girl at police station, Sardarpura on 11-3-94 that he went on searching out the girl and it was in the morning of 13-3-1994 that he came to know that a dead body of a girl was laying in 'ganda nala' adjacent to Sansi Colony. He went there at about 9 a.m. and identified the dead body as of his missing daughter Malti. According to report Ex. P/2 somebody had committed murder and threw the dead body in 'ganda nala'. Thereupon a case under Ss. 302 and 201, IPC was registered. During the investigation site plan Ex. P/3, memo of dead body Ex. P/4 were prepared and the dead body was handed over to Ramnihor after postmortem was conducted. Clothes of Malti were seized vide Ex. P/8. Accused appellant was arrested vide Ex. P/1 on 14-3-94. On his disclosure statement the silver pendal of Malti was recovered vide Ex. P/6. The accused appellant led the police to the nala and Ex. P/10 was prepared. He also led to his residence wherefrom hawai chappal and broken bangles of Malti were recovered. According to the prosecution it was the place where Malti was murdered. Then the house of accused appellant was searched on 14-3-1994 wherefrom freshly washed P.T.-shoes and a pair of socks of the accused appellant were recovered. His pant and bushirt were recovered and a magazine "Star Dust" and a Hindi nowel "Arthi Mere Pyar Ki" were recovered. Foot prints were lifted from the 'ganda nala' and moulds were prepared. They were compared with the foot prints of the accused appellant. After usual investigation challan was submitted before the learned Judicial Magistrate No. 3 who committed the case to the Court of Sessions. Learned Sessions Judge, Jodhpur transferred the case to Miss Chandra Kanta Gupta who being Additional Sessions Judge of Jodhpur was also working as Special Judge, SC/ST Cases, Jodhpur. Charges under Ss. 302 and 201, IPC were framed and read over to the accused appellant on 1-6-94. He denied his indictment and claimed trial. Thereupon prosecution examined as many as 20 witnesses. Accused appellant was examined under S. 313, Cr. P.C. He did not examine any witness in defence and after hearing both the parties, the learned trial Judge convicted and sentenced the accused appellant as stated above.

(3.) It may be stated that the learned trial Judge did not attempt to obtain the report of F.S.L. with regard to the examination of viscera and vaginal swab of Kumari Malti though there are authorities to the effect that it is the duty of the learned trial Judge as well to obtain the reports of the F.S.L. The reports from the F.S.L. were obtained by us. We have gone through the reports submitted by the FSL to this Court and we find from them that there was no evidence of administration of any poison to Malti and that semen was not detected from vaginal swab or vaginal smear. Thus possibilities of death by poisioning or rape are ruled out.