- (1.) S. K. Agarwal, J. This appellant was convicted under Section 302 IPC and sentenced to death by learned IV Additional Sessions Judge, Shahjahanpur, Sri C. N. Misra, vide his judgment and order dated 31-8-2000. He had also forwarded a reference No. 1 of 2001. The appellant has submitted his appeal from jail. The appeal was filed beyond 281 days. It was sent through the jail authorities on 14-9-2000. It was admitted on 21-7- 2001 after the delay was condoned.
(2.) SRI A. B. L. Gour was appointed as amicus curie for the appellant on 28-1-2002. The brief facts of the case are that a young girl, Km. Monu alias Meenakshi daughter of the informant, Hari Shanker Sharma, aged about 10 years, went for the repair of her wristwatch to the market at about 4. 00 p. m. on 8-11-1995. When she did not return for a considerable length of time, the family members being anxious set out in her search. Till 9. 00 p. m. they could not get any whereabouts of her so a report (Dariaft hall) was lodged by P. W. 1, the father of the girl, at P. S. Kotwali, at about 9. 00 p. m. on 8-11- 1995 itself. The appellants and other members of the locality continued their search for her for the whole night and the next morning. In the process they came across a gunny bag, with a hand peeping out of it, in a Nala near the house of Deleep Kumar during noon. When the informant opened the gunny bag, it was found to contain the dead-body of his dauther, Km. Monu alias Meenakshi in a naked state. It bore marks of sharp-edged weapon on her neck. After examining the body he prepared his report and took it to the police station. It was handed over by him there and a check report was prepared on its basis by P. W. 10 Head Moharir Kamal Kishore. This reports is Ext. Ka-1. After formalities of the registration of the case were complete P. W. 11 S. I. Brij Mohan commenced its investigation. He visited the spot, took out the dead-body from the Nala and prepared a memo of inquest. He had also conducted a search of the house of the accused in his absence and recovery of a pair of Hawai Chappal and a wristwatch belonging to the deceased girl was made from the house of the appellant in the presence of witnesses Devendra Kumar and Vimal Kishore Dixit. The recovery memos of these articles are Exts. Ka- 2 and Ka-3. The wristwatch is material Ext. 1. And the pair of Chappal is Ext. 2. Bloodstained earth and simple earth was also taken from the floor of the room and sealed in separate containers. It was sent for chemical examination to the Serologist, whose report shows that it contained human blood. The report of the Serologist is Ext. Ka-15 on record.
(3.) AFTER completion of the investigation the police had submitted a charge-sheet against the appellant. As earlier stated, trial ended into conviction for the offence of murder and rape and the appellant was sentenced to death. The corpus of the deceased was subjected to post-mortem examination on 10-11-1995 at about 3. 15 a. m. by P. W. 9 Dr. P. K. Gupta, who found the following injuries on her person : (1) Lacerated wound 7. 5 cm. x 1. 5 cm. x bone deep on the left side skull 3 cm. above the left ear. (2) Lacerated wound 10 cm. x 4. 5 cm. x bone-deep on the front of skull 2. 5 cm above the base of nose. (3) Incised wound 1. 5 cm. x. 5 cm. x muscle deep on the right check 1 cm. below the right eye. (4) Incised wound 2 cm. x. 5 cm. x muscle deep on the right cheeks 1 cm. below injury No. 3. (5) Incised wound 11. 5 cm. x 2. 5 cm. x tissue deep on the front and both sides of neck 4 cm. below the chin. (6) Incised wound 0. 8 cm. x 0. 5 cm. x bone-deep on the right little finger tip posteriorly. (7) Multiple abrasions in an area of 4. 5 cm. x. 5 cm. on the right knee anteriorly. (8) Abrasion 1. 5 cm. x 3 cm. on the left knee anteriorly. Her post-mortem report shows that lacerations were present around the vagina with a rupture of the hymen membrane. The Medical Officer has collected the smear of vaginal fluid and it was sent to Pathologist, District Hospital for determination of rape.;