- (1.) M. C. Jain, J. The appellant in this appeal is one Bhojraj, son of Sheo Bux Singh resident of village Chobara, Police Station Shajaanpur, District Alwar, (Rajasthan ). He has been convicted under Sections 302 and 307 IPC. The sentence passed under Section 302 IPC is life imprisonment and ten years rigorous imprisonment under Section 307 IPC. Both the sentences have been directed to run concurrently. The judgment was rendered by Sri B. L. Sachdeva, the then Ist Additional Sessions Judge, Ghaziabad in Sessions Trial No. 144 of 1985.
(2.) THE deceased was a child named Rekha aged about three years, the own daughter of the accused appellant. He also allegedly attempted the murder of his wife Maya Devi. THE incident took place on 2-9- 1984 at about 4. 30 a. m. at Ganga River Bridge Brijghat, P. S. Garh Mukteshwar, District Ghaziabad. THE broad spectrum of the prosecution case may be set forth for the appreciation of the discussion that would succeed thereafter. Maya Devi was married to the accused appellant Bhojraj, a constable in C. R. P. F. , who was posted at Durgapur (West Bengal) at the time of the incident. After two years of the marriage, a daughter was born to Maya Devi who was named as Rekha. In 1984, the accused appellant took leave from 19-7-1984 to 16-9-1984. At that time, his wife Maya Devi was putting up with her parents in village Ujina, Tehsil Nuh, District Gurgaon (Haryana ). THE accused appellant went to his father-in-law's house and told him that he would take her with him to Durgapur where he was posted. THE allegation from the side of the prosecution is that the accused appellant suspected the fidelity of his wife Maya Devi. On 1-9-1984 the accused appellant along with his wife Maya Devi and daughter Rekha left his village Chobara in District Alwar (Rajasthan) and went to Riwari where he reached at about 10 a. m. At Rewari bus stand Sukhdev-cousin of Maya Devi and Karan Singh PW-4 met them by co-incidence and the accused appellant told them that he was taking Devi with him to Durgapur and this message could be conveyed to her father. From Riwari, the accused appellant with his wife and daughter came to Delhi by bus and went away for some time on the pretext of depositing his luggage in the cloak room. On return, he informed his wife that one of his companions was to come from Kanpur the next day and they would go to Durgapur together. In the meantime, he suggested, they could go for a bath in River Ganges. At about 8 p. m. , the same day all the three reached Garh from Delhi and stayed in a Dharmshala. Entries in the Dharmshala register were made by the accused appellant while Maya Devi was standing at some distance. On the following morning i. e. 2-9-1984 at about 3 a. m. the accused appellant awoke his wife, saying that they would go to River Ganges for taking bath as they had to reach Delhi in time. The door of Dharamshala was got opened and the accused appellant with his wife and daughter came to the ghat of River Ganges. They took bath and changed their clothes, whereafter they started strolling on the bridge. On the bridge, the accused appellant told his wife Maya Devi that Rekha was not born from him and he asked her to throw the child in the River Ganges flowing down. Maya Devi refused to throw her daughter in the river whereupon the accused appellant snatched Rekha from the lap of Maya Devi and threw her in the river. Maya Devi, taken aghast asked him as to why he had done that. He commanded her to jump into the river or he himself would jump in it. Maya Devi started weeping and wailing but the accused appellant slapped her picked her up and threw her too in river Ganges. Fortunately, she knew swimming. She was swept in the current of the river for about 4-5 km. reaching a Tapu (mound of mud) where the water was shallow. There she raised an alarm and on hearing her cries, three persons came to her rescue. They took her out of the river. These persons disclosed their names as Dalpat PW-5, Giriraj PW-8 and Mavasi. They took her to their own village Balbapur. She was in a state of tremendous shock and was extremely nervous. She gave to them the address of her father. Dalpat and Mawasi went to her father's village and brought her father Gopi Singh PW-2 and Ramesh Kumar her cousin PW-7. In the meantime, Karan Singh PW-4 Pradhan of village Balbapur went to Police Station and lodged the report of the rescue of a young lady from the river by three persons, named above. The dead-body of the female child Rekha could not be traced out. Maya Devi narrated the entire incident to her father and went to the Police Station. A report was then lodged. She was sent to Primary Health Centre Garh Mukteshwar where her injuries were examined on 4-9-1984 at 12. 45 a. m. by Dr. Harish Chandra Saxena PW-9. The following injuries were found on her person: (1) Abrasion 1 cm x 0. 3 cm over dorsum of terminal phalanx of left ring finger. (2) Abrasion 1 cm x 0. 2 cm over dorsum of left hand 3 cm from left elbow joint. (3) Abrasion 2. 5 cm x 0. 5 cm over left buttock.
(3.) THE injuries were simple in nature and caused by friction. THE duration was estimated to be about two days. On the report of the Pradhan of village Balbapur, the police had swung in action to ascertain the facts and the job was entrusted to S. I. D. P. Singh, PW-13 and after the disclosure made by Maya Devi to the Police, the case was converted into one under Section 307/302/201 IPC.;