STATE OF M P Vs. PARSHURAM

JUDGEMENT

(1.) The aforesaid Criminal Appeal and Capital Sentence Reference arise out of the impugned judgment and order of conviction and sentence dated 12 th September, 2011 rendered in Sessions Trial No. 79/11 by the Third Additional Sessions Judge, Bhind (M.P.). Since the judgment and order challenged in the appeal is one and the same which is the subject matter of the Capital Sentence Reference made by the learned trial Judge, the appeal and the reference are herewith, taken up together for disposal.

(2.) The appellant-accused stood his trial on the charges for the offences punishable under Sections 376 and 302 of I.P.C. before the Additional Sessions Judge and he was convicted and sentenced as following :-

(3.) Facts in short are that on 6 th February 2011, during timings of 10-30 a.m. to 1 p.m. (in the noon), mother of victim, (name and identity of the prosecutrix as per restrictions imposed by law contained in Section 228-A of I.P.C. is not disclosed), Smt. Maya was fetching water from village well. Accused Parshuram, a resident of the village went there and expressed his desire to send her daughter (the victim) with him for eating plum-fruits from the tree, situated in the outskirt of the agricultural field of the village. When after a considerable period, the accused and her daughter (prosecutrix) did not come back, her mother left for in search of her daughter near the plum-tree, situated in the field of Kanchedi of village. After getting exhausted she came back to the house and narrated the incident to her mother-in-law and the villagers then she came to know from the persons of the locality namely, Manoj, Rambahadur and Narayan that they had seen her daughter with accused going towards the field of Shri Ram Rathore. On reaching the place, she found that her daughter was lying dead with injuries on her private parts and bleedings. On day of incident at about 5 p.m., in the evening, at her behest a DehatiNalish on the spot itself was recorded by the Incharge/Inspector of the Police Station Roan, district Bhind, which was later on forwarded to the Police Station for registration of the F.I.R. and the crime against culprit of the incident. After inquiry into Marg and investigation, a spot-map (Ex.P/5) was prepared. By issuing Safina Form (Ex.P/6), the witnesses were summoned and in the presence of the witnesses, memo of dead body (Ex.P/7) was prepared. The dead body of the deceased (victim) was sent by a Constable Munnalal of the Police Station Roan, to the District Hospital, Bhind for conducting postmortem. Case-diary statements of the witnesses were recorded. Next day, accused was arrested and the charge-sheet was submitted.