Gopal Krishna Sharma, J. -
(1.)Prabhulal, accused-appellant was tried by the Sessions Judge, Bundi, for the offences under Sections 302, 306 & 363 IPC, for kidnapping, raping and murdering Mst. Geeta, daughter of Madholal. After the trial, he was found guilty of the charges levelled against him, and was sentenced to imprisonment for life and to pay a fine of Rs. 100.00for the offence under Sec. 302, IPC. For the offence under Sec. 376, IPC, he was sentenced to rigorous imprisonment for seven years and to pay a fine of Rs. 250.00. And, for the offence under Sec. 363, IPC, he was sentenced to rigorous imprisonment for four years and to pay a fine of Rs. 250.00. In default of payment of fine on each count, he was sentenced to further undergo rigorous imprisonment for six months. All the sentences awarded to the accused-appellant, were ordered to run concurrently. Against the conviction and sentence, Prabhulal appellant has preferred the present jail appeal through the jail authorities.
(2.)According to the prosecution, Ramkalyan, Sarpanch, son of Ambalal,of Gram Panchayat Bajar, submitted a written report, Ex. P, 1, on 1st Aug., 1978, at about 8 Am, at Police Station Keshoraopatan, District Bundi, to the effect that on the night of 31st July, 1978, some religious procession was going on with ragard to Tejaji maharaj. In the night, at about 12 O' clock, some noise of "thief-thief" was heard coming from the side of flour-mill. Phoolchand, the owner of the flour-mill was standing on the road and was crying. Hearing his voice, Ramkalyan along with others came to him and asked as to what had happened. Thereupon, Phoolchand told them that one person had come to his cot and slept with him, and that man had put one 'Chaddar' on him. At this, he woke up. Then, that man told him that he would be killed by knife, if he would cry. That man also told him to permit him to sleep with him. At this, Phoolchand asked him as to who was he. That man then asked him to put off his clothes and sleep with him otherwise be would kill him. Phoolchand then got up from the cot and ran away crying. Hearing his cry, that man ran away towards the canal. The villagers then pursued that man; and he was caught near the canal and was brought to village. At that very moment, there was a noise in the village that Mst. Geeta daughter of Madholal Kumhar, had been kidnapped. The girl was sleeping on her cot and somebody had taken away her in the night. After sometime, Gopal grandfather of Mst. Geeta while searching her, came to place where the villagers were sitting with that man. That man was having a 'Pachhwar' around his body. Gopal identified that 'Pachchwar' being the same which was on Mst. Geeta while she was sleeping. He could identify the 'Pachhwar' on account of this fact that it was catena way on one side by she-buffalo. At this, the villagers suspected that Mst. Geeta might have been kidnapped by that man. 'Prabhulal' was tattooed on one hand of that man. The villagers interrogated him the whole night about Mst. Geeta. Sometime Prabhulal told the villagers that Mst. Geeta was in the field of sugar-cane ; and sometime he told that she was in the 'Khal'; and thus, he did not give any definite and correct information about Mst Geeta till next morning. As the 'Pachhwara' which was on Mst. Geeta at the time of her sleeping, was found with that man, Prabhulal, it was suspected that he might have kidnapped Mst. Geeta. In the morning, Ramkalyan, along with Badrilal and Jagannath Meena went to Police Station - Keshoraopatan and submitted the written-report Ex. P. 1. On the basis of this report, a regular FIR Ex. P. 2 was prepared. A cased under Sec. 363 was then registered and investigation started.
(3.)It was further alleged that after submitting report Ex. P. 1, in the police station, the SHO came along with Ramkalyan to Village Bajar. There they found that Mst. Geeta was lying in front of the 'Panchayat Bhawan', and she was dead. The ASI, at the instance of Mohanlal and Rajaram, prepared site-plan Ex. P. 7 of the site. Mst. Geeta was about 31/2 years of age. Her deadbody was inspected by the police and they found that blood was coming out from her private parts. Accused Prabhulal was detained there by the villagers. Bushshirt article-2 Pajama article-3 of Prabhulal accused and Pachwara article-1 were taken into possession by the police vide memo Ex. P. 3 to Ex. P. 5. The frock of Mst. Geeta article-4 was also taken into possession. Accused Prabhulal was arrested vide arrest-memo Ex. P. 8. A Panchnama of the deadbody of Mst. Geeta was prepared which is Ex. P. 12. The frock of Mst. Geeta was seized and sealed vide memo Ex. P. 6. The spot of the incident was also inspected. Its site - paln is Ex. P. 10. The postmortem examination of the deadbody was conducted and then the deadbody was handed over to the relatives of the deceased vide memo Ex. P. 11. The place where Phoolchand was sleeping, was also inspected and its site-plan Ex P. 13 was prepared. The place from where the deadbody of Mst. Geeta was recovered, was also inspected, and its site-plan Ex. P. 14 was prepared. The recovered articles then were sent to Forensic Science Laboratory for examination, and their reports are Ex. P. 15 & Ex. P. 16. Accused Prabhulal was medically examined by the doctor, Dr. Nagesh Joshi, and his report is Ex. P. 17. Dr. Joshi is the doctor who conducted post-mortem examination on the deadbody of Mst. Geeta, and his report is Ex. P. 19. The accused was again examined by the same doctor for the purpose of his committing rape, and the report of the said doctor in this regard is Ex. P. 18. After usual investigation, the police submitted a challan in the court of Chief Judicial Magistrate, Bundi, who committed the accused to the court of Sessions Judge, Bundi, for trial. Charges under Sec. 302, 376 & 363 Penal Code were framed against the accused, who pleaded not guilty and claimed trial. To substantiate its case, the prosecution has examined 19 witnesses in all. The accused was also examined under Sec. 313, Cr. P. C. He denied the allegations made against him by the prosecution witnesses. His contention was that he used to sell vegetables at Barunda, after purchasing them from Bundi and Kota, and that to purchase vegetables, he had come to Bundi by Bajar. Rajendra Singh met him in the way. They came to Bundi by 5 PM, and by last bus, he along with Rajendra Singh left Bundi, and then left Bajar at about 10-10-30 PM From Bajar along with Rajendra Singh, he started on fox. After going about 221/2 kms. from Bajar, he felt pain in stomach and desired to go for nature-call. So, he stopped in the way and Rajendra Singh went away. He has further stated that while he was attending the nature-call, 7-8 persons came there, and on account of enmity regarding some land which was allotted to him, they beat him, and that, they even did not permit him to wear his clothes, and brought him to village in naked position. He then, was handed over to the police in the next morning at about 10 AM.