- (1.) U. S. Tripathi, J. This appeal has been preferred from Jail against the judgment and order dated 5-11-1998 passed by 9th Additional Sessions Judge, Meerut in Sessions Trial No. 1404 of 1997 convicting the appellant under Sections 302 and 376 IPC and sentencing him to undergo imprisonment for life and fine of Rs. 5000 under Section 302 IPC and R. I. for a period of 10 years and fine of Rs. 5000 under Section 376 IPC in default of payment of fine he was further sentenced to undergo R. I. for a period of two years on each count.
(2.) THE prosecution story, briefly stated, was as under: On the evening of 26-8-1997 at about 5. 00 p. m. Km. Nasreen deceased, aged about 8 years, daughter of Hakumuddin and Km. Kaushal deceased, aged about 12 years, daughter of mange Ram (P. W. 1) has gone to sugarcane field of Jai Karan of their village to attend the call of nature. After some times Smt. Bala came running to the village and told that she had heard shrieks of children in the field of Jai Karan. On above information Mange Ram (P. W. 1), Billoo (P. W. 2), Charan Singh (P. W. 3) and several other persons of the village used towards sugarcane field of Jai Karan and surrounded it from all sides. Mange Ram (P. W. 1), Billoo (P. W. 2), Charan Singh (P. W. 3), Dhanpal and Karan Pal entered into sugarcane field from eastern side and at some distance in-side the fields saw that the appellant had murdered Km. Nasreen deceased and was killing Km. Kaushal deceased after committing rape on her. THE Salwar of Km. Kaushal deceased was pulled up to her knees and blood was coming from her private part. Mange Ram (P. W. 1), Billoo (P. W. 2) and Charan Singh (P. W. 3) and others caught hold the appellant on the spot and Charan Singh (P. W. 3) removed clothe from the neck of the two deceased, but by that time both the deceased had died. Mange Ram (P. W. 1) prepared report (Ext. Ka. 1) of the occurrence and taking the appellant Munesh came to police station Daurala where he lodged report at 7. 15 p. m. and handed over the appellant to the police. On the basis of written report (Ex Ka-1) chik FIR (Ext Ka-17) was prepared by Head Constable Khetrapal Singh (P. W. 6) who made an endorsement of the same at (G. D.) report (Ext Ka-18) and put the appellant in lockup. The investigation of the case was taken up by Sri B. R. Arya (P. W. 8) who interrogated the appellant and thereafter came to the spot along with S. I. Govind Singh Rawal (P. W. 4) and got conducted inquest of the dead body of the deceased through Govind Singh Rawat who prepared inquest report, sealed the dead body and handed over to Constable Om Prakash (P. W. 9) and Surendra Singh for post-mortem. The I. O. interrogated Mange Ram (P. W. 1) and inspected place of occurrence. He prepared site plan (Ext Ka- 19 ). He also recovered blood stained and simple earth from the spot and prepared recovery memo (Ext Ka-12 and 13 ). On 27-8-1997 the I. O. took into possession the underwear of the appellant which was bearing semen stains and it was sealed in the presence of Chatar Singh (P. W. 7 ). The I. O. interrogated Billoo (P. W. 2), Charan Singh (P. W. 3), Chatar Singh (P. W. 7) and other witnesses.
(3.) THE autopsy on the dead body of the deceased Km. Nasreen and Km. Kaushal was conducted on 27-8- 1997 by Dr. R. P. Misra (P. W. 5) who found bruises on the cheek and nose of Nasreen and cause of death due to smothering leading to suffocation. He found bruises on the neck, thyroid cartridges and both angle of jaw as well as bruises on labia majora and bleeding around the genital and labia majora as well as rupture of hymen of Km. Kaushal and cause of death as smothering due to suffocation. He prepared post-mortem report (Ex. Ka. 15 and Ka. 16 ). The I. O. completed remaining investigation and submitted charge sheet against the appellant.;