- (1.) V. D. Chaturvedi, J. This appeal has been preferred by the appellant Hari Shankar alias Gantha from Jail against the judgment and order dated 5-4-2003 passed by Sri Aditya Prakash Sharma, Additional Sessions Judge (Court No. 1), Bareilly, whereby he has been convicted under Sections 376, 302 and 201 read with Section 511 I. P. C. He has been sentenced for the said offences to 10 years R. I. , life imprisonment and 3 years R. I. respectively as also with a fine of Rs. 4,000, 5,000 and 1,000 in the same order. In default of payment of fine, 9 months imprisonment, one year's imprisonment and three months further imprisonment in the same order have been awarded.
(2.) THE relevant facts, briefly stated, are that the complainant Phool Singh alias Phoola, (P. W. 1) son of late Bundu Lal Kashyap r/o of village Brahmpura, P. S. Prem Nagar, Bareilly submitted a written report (Ex. Ka-1) at P. S. Prem Nagar, Bareilly on 25-2-2000 at 16. 30 hours disclosing that Smt. Rama Devi's roof was adjacent to the complainant's roof; that the complainant's daughter Km. Kavita, aged about 10 years, used to visit the house of Rama Devi through the said roof to help her in making kandas (cow dung cakes); that on the date of report at 4. 00 p. m. she, as usual, went to the house of Rama Devi; that Rama Devi was not in her house at that time; that Hari Shankar alias Gantha (son of Rama Devi) finding Km. Kavita alone in his house, caught hold of her, took her forcibly inside the room and raped her; that Km. Kavita raised cry whereupon the complainant, his wife and other people of the locality including Rama Devi reached there but found that the doors of the room were bolted from inside; that the doors were broken open and after entering into the room, the complainant and others saw that Hari Shankar alias Gantha, after committing the murder of Km. Kavita, was keeping her dead-body in a wooden box; that the complainant and others caught hold of accused Hari Shankar alias Gantha. A case was registered on the basis of the FIR lodged by the complainant in writing. The investigation was conducted by P. W. 4 Diwan Giri, Inspector, P. S. Kotwali. P. W. 3 Dr. C. M. Chaturvedi, who conducted autopsy on 26-2-2000 at 3 p. m. , found 14 injuries on the corpse of Km. Kavita. The injuries were in the form of lacerated wounds (including on head) and abraded contusions and abrasion (including on chest, nipples and buttock ). Her vagina and vulva were lacerated. Hymen was found torn, lacerated and congested. Vagina and vulva were also congested. Fold around the vaginal orifice was congested and contused. Blood clots were present in the vagina. The Doctor opined that these injuries on private parts could be caused by male organ. On internal examination, frontal bone, nosal bone and left maxilla bone were found fractured. Blood clots were found in the brain which was lacerated. Vaginal smear was taken on glass slides and sent to the pathologist for semen examination. In the doctor's opinion the death was the result of shock and coma due to ante-mortem head injury.
(3.) ACCORDING to the report of the Forensic Science of Laboratory (Ex. Ka 18), blood stains were found on her frock, Samij, bangle, finger ring and tabij, as also on the brick, upla (Kanda) shirt, dori, muffler and Angauchha (item Nos. 1 to 11) Human blood was found on frock, Sameej and Taveej of the victim as also on shirt, Dori and Angouchha, which were found wrapped/tied around the dead-body. The I. O. after recording the statements of the witnesses and after usual investigation submitted the charge-sheet (Ex. Ka-17) under Sections 376, 302 and 201 I. P. C. against the accused appellant.;