- (1.) VINOD Prasad, J. The appellant State felt aggrieved by the judgment and order dated 10-7-1997, passed by III ADJ, Aligarh, in S. T. No. 829/1993, State v. Madan alias Madhua by which the respondent accused Madan alias Madhua has been acquitted of the charges for offences Sections 376/302/511 IPC, and has filed this appeal.
(2.) THE prosecution case was that on 9-3-1993 at about 9 a. m. when the informant Akhil Kumar P. W. 1 reached near the field of Chandra Pal s/o Kishan Pal on his way to his tube well for fetching hay, he heard the shrieks emanating from the field. He rushed in that direction yelling out to offer help. On his call accused Madan alias Madhua emerged from the field of Chandra Pal and ran away. Suspecting his conduct, the informant entered inside the field of and saw his cousin sister Km. Rekha daughter of Brijendra Singh lying naked in a pool of blood and was fluttering. Informant covered her body by cloth. On his inquiry as to who had assaulted her she, groaning in pain, whispered the name of the accused Madua twice and died thereafter without uttering any thing further. On the hue and cry raised by the informant family members and other villagers reached at the spot and were informed by the informant that accused Madan alias Madhua had committed the offence and ran away towards village Sahajpura. THEy searched in an area of 2 km in vain for the accused and subsequently, the informant suspecting that the deceased was sexually assaulted and murdered by the accused got scribed the FIR, covered a distance of 3 kms south and lodged it at the Police Station Madrak, District Aligarh at 1. 35 p. m. on 9-3- 1993. The case was registered by H. C. Udai Veer Singh, who prepared the chik FIR Ex. Ka 14 and G. D entry Ex. Ka 15 in the presence of S. I. Surjeet Kumar P. W. 4, who was the Station Officer of the Police Station and 1st I. O. of the case. Surjeer Kumar started the investigation recorded the statement of the informant, made spot inspection note and site plan Ex. Ka 4. Inquest was conducted under his supervision by the S. I. M. P. Agnihotri. Recovery of blood stained and plain earth (Ex. 7), a copper vessel (Ex. 8) and glass bottle (Ex 9) with recovery memo (Ex. Ka 11) was made by the I. O. On 10-3-1993 the accused was arrested from Aligarh from a milk shop and allegedly, at his pointing out a knife Ex. 2 was recovered from the field of Malkhan Singh in village Susayat. The Investigating Officer also recovered the underwear of the accused. After the transfer of Sujeet Kumar P. W. 4 further investigation was conducted by S. O. Kunwar Pal Singh P. W. 7 who finding no case under Section 376 IPC, converted it Sections 354 IPC and then submitted the charge-sheet against the accused Sections 354/302 IPC on 20- 4-1993. The medical examination of the deceased Km. Rekha was conducted on 10-3-1993 at 3. 30 p. m. by Dr. S. K. Porwal, P. W. 5, who found as many as 7 incised wounds on her body, mostly situated on the upper torso and one linear abrasion on the face. He did not find any injury on her private part. He prepared her smear slide and in his estimation the cause of the death was ante-mortem injuries. The post-mortem report is Ex. Ka 12.
(3.) IN the trial the prosecution, to proved the guilt of the accused, examined 7 witnesses, namely, Akhil Kumar P. W. 1 (informant), Ranvir Singh P. W. 2 (not mentioned in the FIR, but saw the accused running in blood stained cloth and with knife), Kunwar Pal Singh, P. W. 3 (hearsay evidence regarding the occurrence), Sujit Kumar P. W. 4 (1st. I. O. of the case), Dr. S. K. Porwal P. W. 5 ( doctor of autopsy ). Dr. P. K. Tyagi P. W. 6 (Pathologist who had examined the accused medically and had prepared his medical examination report Ex. Ka 13) and Kunwar Pal Singh P. W. 7 (the Second I. O. who has converted the case under Section 354 IPC and had submitted the charge-sheet against him ). The defence of the accused was that of denial.;