Decided on May 01,2012

Nittu Appellant
THE STATE Respondents


Servesh Kumar Gupta, J. - (1.) HEARD learned counsel for the parties and perused the entire material available on record.
(2.) THIS appeal has been preferred against the judgment and order dated 20.01.2003 passed by learned Additional Sessions Judge, Roorkee in Sessions Trial No. 164 of 2000, State v. Nittu, whereby the appellant/accused has been convicted u/s. 302 IPC and sentenced to undergo rigorous imprisonment for life, along with fine of Rs. 5,000/ - and in default of payment of fine, he was directed to undergo additional one year's simple imprisonment. The appellant/accused was further convicted u/s. 376 IPC and sentenced to undergo seven years' R.I. with fine of Rs. 4,000/ - and in default of payment of fine, to undergo further simple imprisonment for seven months. In brief, the facts are that deceased Km. Punam, a girl of eight years, was with her grandfather Maalchand in order to take care of the agricultural field of cauliflower/cabbage in village Behbalpur, within the territorial jurisdiction of P.S. Bhagwanpur, District Haridwar. This agricultural field was outside the village at some distance. At about 2 PM, Sri Maalchand left for his home after leaving his granddaughter alone in the hut which was in an improvised arrangement of shade in the field. In the nearby field, the accused 'Neetu' was cutting grass to collect the fodder for animals. The appellant, when noticed the presence of Km. Punam, in solitude, got success to take her in the adjacent sugarcane field under some pretext. The girl was allegedly raped by the accused and then strangulated to death. The accused after that left the place and came out of the sugarcane field. At the same time, while coming out from the sugarcane field, he was seen by PW1 Harpal (father of girl), PW3 Birbal (uncle of girl) and one more witness PW2 Ishaq Lal, all resident of the same village. These persons, at about 3 PM, were going to their agricultural fields in order to collect fodder for animals. They all noticed the accused looked quite distraught as he went towards the village with fast paces. It is also pertinent to mention here that this accused also hails from the same village 'Behbalpur'. When PW1 Harpal Singh did not see his daughter in the hut, he did not take it seriously and thought that she might have gone home to the village. When he returned home in the evening, he did not find his daughter there as well. A massive hunt was made to know the whereabouts of his daughter Km. Punam. She was searched in the vicinity and also in the prospective places of the village itself, but all in vain. Then Harpal Singh, along with some persons of the village, went towards the hut which was located in the cabbage field but in vain. Then she was searched in the nearby sugarcane field and ultimately, her dead body could be recovered about after 26 feet inside the sugarcane field. The boundary of that field is at a distance of about 100 paces from the hut where the victim was taking care of the cauliflower field of her family. The FIR (Ex. Ka -1) was lodged in the intervening night of 8/9.1.2000 at 00:05 hours at P.S. Bhagwanpur, District Haridwar, whereof Chik Report was prepared which is Ex. Ka. 12. The inquest report (Ex. Ka -4) was prepared in the morning of 9.1.2000. In the opinion of the all the members of inquest report, who are Pal Singh, Ashok Kumar. Bal Chand, Hari Chand and Vijay Pal, the death had occurred on account of commission of rape on her body and throttling nay gagging of the mouth. The autopsy was conducted on the dead body, the report whereof is Ex. Ka -10. The medical officer Dr. K.K. Karauli, who conducted the post -mortem, has been produced by prosecution in the court as P.W. 9. He has proved that post -mortem was conducted by him at 2:30 PM on 9.1.2000 wherein he found as under: - - The vagina of deceased was soaked in blood with cut and lacerated wounds up to Uterus. Both lungs were swollen with contusions. The cause of death was suffocation and stop of breathing because of strangulation. The death could be assessed to have occurred one day before.
(3.) THE post -mortem was conducted at about 2:30 PM while the time when Km. Punam was left alone by her grandfather in the field was about 2:00 P.M. So, the incident had occurred quite about 24 hours ago, i.e. between 2 -3 P.M. on 8.1.2000 and this deposition of medical officer is perfectly in consonance with the occurrence of date and time of incident, as disclosed by the prosecution.;

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