B.DAYAL, J. - (1.) THIS is an appeal by Karan Singh. He has been sentenced to death under Section 302, I. P.C. He has also been convicted under Sub -section 366, 376 and 394, I. P.C. and on each of these counts has been sentenced to five years' R. I.
(2.) THE case for the prosecution is that on the 4th of January, 1963 in the afternoon at about 4 -30 or 5 P. M. the appellant enticed away Km. Indra a minor girl of five years of age, daughter of Dalua (P. W. 1) from the sugarcane crushing machine or kolhu in village Sabdalpur, police station Siana, in the district of Bulandshahr. Dalua, father of the girl Indra, had taken a contract of feeding fuel in the bhatti on which the sugarcane juice was being heated. He was doing this work with the help of his elder daughter Smt. Barfi (P. W. 6) aged about 18 years. On the date of the incident in the evening Dalua went home to do some work there and left Smt. Bar in charge of the bhatti along with Reoti's son aged about 8 years and the girl Km. Indra aged about 5 years. When the children were playing there, the accused Karan Singh who used to come to that place off and on, induced Reoti and Km. Indra to accompany him to the village on the pretext that he would give them groundnuts. Both the children accompanied the accused. The accused Karan Singh went to the shop of Daulat (P. W. 7). There he purchased some groundnuts and gave them to the children. Thereafter, he asked Reoti to go away home and proceeded towards the north, out of the village with the girl Km. Indra. While the accused was going out of the village, he was seen by Nanak (P. W. 8) who was returning after easing himself. Thereafter the girl Km. Indra was not seen and the son Reoti having reached home disclosed to his father Dalua that Km. Indra had been taken away by the man who was sitting near the kolhu. This was not liked by Dalua and both he and his wife went out in search of the girl. They did not find her in the village or nearabout. Dalua went to the kolhu and asked Smt. Barfi about it. Both Smt. Barfi (P. W. 6) and Akraj Singh (P. W. 14) who was working at the kolhu informed Dalua that accused Karan Singh had taken away both Reoti and Km. Indra. He thus went back and restarted the search. Many people from the village also joined him in the search. They reached the house of Karan Singh in village Aurangabad (nearby) at about 9 in the evening. He was not found at home. They again went to his house at about 12 in the night but could not find him there. But the nest morning Mahendra Singh (P. W. 16) saw that the dead body of Km. Indra was floating in the canal and was stuck at the culvert. He at once came back and informed Dalua about it. Dalua and a number of other persons went to the spot and brought the dead body of Km. Indra at the house of Nepal Singh Sarpanch (P. W. 15). When the body of the girl was seen, it was found that hat private part was injured and there were injuries on her neck also. Her hansli, which she was wearing was also missing. The first information report was there fore dictated by Dalua and it was written down by Naipal Singh, Sarpanch, It was lodged at the police station at 1 p. m. on the 5th of January, 1963, the police station being 9 miles away from the place of occurrence. The investigation of the crime was conducted by Prem Singh Pundir (P. W. 19) who was in charge of the outpost. Bugrasi under police station Siene at that time. The accused Karan Singh surrendered himself on the 8th of January, 1963 and was sent to jail. On the 16th of January, 1963, the investigating officer made an application to the Magistrate that he be permitted to take out the accused for four days and keep him under police custody for purposes of investigation as there were chances of recovery of Hansli etc. at the instance of the accused. Necessary orders were passed. The accused remained in police custody from 18th to 21st of January, 1963. On the 20th of January, 1963, the accused is said to have taken the investigation officer along with witnesses to his house where he dug out the hansli from a corner of the house and gave a blood -stained dhoti which was kept on the roof of a grain kothi. Thereafter he was again sent to jail and after investigation and enquiry the case was committed to sessions. The learned Sessions Judge after hearing the evidence came to the conclusion that the recoveries were not of much value regarding the connection of the appellant with crime. He, however, accepted the oral evidence and came to the conclusion that it was proved beyond reasonable doubt that the accused had taken the girl Km. Indra from the kolhu to the shop of Daulat where he gave groundnuts both to Reoti and the girl Km. Indra. Thereafter, he sent Reoti back to his house and took away Km. Indra to the jungle. Next morning, the dead body of Km. Indra was found in the canal. From the medical evidence it was clear that the accused had committed rape on the girl and had killed her thereafter by throwing her in the canal. Upon these findings, the learned Sessions Judge convicted the appellant, as aforesaid.
(3.) LEARNED Counsel appearing for the appellant before us has contended that the oral evidence relied upon by the learned Sessions Judge was not at all reliable. There were contradictions and unnatural statements and therefore the conviction of the appellant could not be maintained. On the other hand, it has been contended by the learned Government Adevocate that the oral evidence is quite reliable, He has also contended that the recoveries of the hansli and the blood -stained dhoti are also incriminating circumstances which cannot be lost sight of and must be relied upon.;