NATHU GARAM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment and order of the Allahabad High Court dated August 10, 1976 (in Criminal Appeal No. 503 of 1976 and Reference No. 9 of 1976) upholding the conviction of the appellant under S. 302. I. P. C. and confirming the sentence of death awarded to him by the Third Additional Sessions Judge, Pillibhit on March 20, 1976 in Sessions Trial No. A-9 of 1975.

(2.) The prosecution case, briefly, stated, was that on April 10, 1975 at about 8 or 9 a. m. Km. Hazrati, since deceased, aged about 14 years took food for her brother Kadir Baksh (PW1) to the filed of Sarpanch Shyam Behair (PW4) in village Imalia, where he had gone along with others to cut wheat crop. After serving food to her brother Hazrati started returning to the village with the utensils (Tiffin Carrier, Lota, Glass, etc.) but she did not reach home. When Kadir Baksh returned home in the village at about noon, he was informed by his mother that Hazrati had not come back, whereupon Kadir Baksh (PW 1) along with Sarpanch Shyam Behari Lal (PW 4). Shabhapati Shyam Behari Lal (PW 11) and others undertook a search for Hazrati first in various fields; they also made enquiries in the several houses in the village. At about 5.00 p. m. the search party came near the house of the appellant who was found sitting in the front door of his house but on being questioned regarding Hazrati's whereabouts he ran away, whereupon the search party entered the house of the appellant and found the dead body of Hazrati lying in a corner with bleeding injuries and her clothes (Salwar, Kurta, Orhni, etc.) soaked in blood, her salwar being loose and having slipped down up to her knees. The utensils (Tiffin Carrier, Lota, Glass etc.) were also lying there. The search party also noticed a 'Lungi', a stone and a spear (fodder cutting spear) each stained with blood lying in the room. Leaving his companious to watch the dead body, Kadir Baksh (PW 1) walked the distance of about 4 miles and lodged his report at Barkhera Police Station at 7.00 p. m. on the same day. On receiving the report the Station Officer Bhushan Singh (PW 6) recorded the statement of Kadir Baksh and reached the place of occurrence at about 8.00 p. m. but as it was dark and no gas light could be procured from the village he posted a guard at the place of occurrence for the overnight and undertook the investigation on the following day. After preparing inquest report he took samples of bloodstained earth and plain earth from the room, took charge of the blood-stained spear, the bloodstained stone, the bloo-stained 'Lungi' as well as the blood-stained 'Dupata' of the deceased and the several utensils under different Panchnamas and obtained Chemical Analyser's report which showed that the stone, the spear, and the clothe of the deceased had blood-stains on them but neither the 'Lungi' of the Appellant nor the clothese of the deceased had any seminal stains. He arranged to send the dead-body along with necessary papers to Pilibhit for post-mortem examination and Dr. Gangwar (PW 5) who did the autopsy on April 12, 1975 at 9.30 p. m., noticed in all seven injures - three incised wounds, three abrasions and one punctured would - all ante mortem, out of which the major one was "incised clean cut wound on the neck 22cm. x 3 cm. x soft structure on front of neck 3 cm. below chin" which had resulted in the trachea, bronchi and oesophagus being cut and in his opinion the injuries on her body were sufficient in the ordinary course of nature to cause death. He also opined that the incised wounds on the neck and the lower and upper lips could be caused by the spear while the abrasions on the two shoulders and back could be caused by friction and the punctured wound on the right arm could be caused with the point of the fodder-cutting spear. As regards genitals he did not find any sign of violence. The Station Officer (PW 6) also recorded the statement of witnesses on April 11, 1975. In spite of search the appellant-accused could not be traced. It appears that on May 5, 1975 the accused surrendered himself before the Committing Magistrate at Pilibhit and was then taken into custody. On completing the investigation the submitted the charge-sheet against the appellant on May 28, 1975. After holding the preliminary inquiry the appellant was committed to the Court of Session to stand his trial for offences under Sections 302 and 201, I. P. C.

(3.) The appellant abjured guilt and disputed the circumstantial evidence connecting him with the crime, contending that he had been falsely implicated in the case on mere suspicion.