- (1.) D. K. Trivedi, J. This criminal appeal is directed against the judgment and order dated 24-4-1996, passed by IInd Additional Sessions Judge, Bahraich, convicting the ac cused appellant Ram Surat under Section 302, I. P. C. and 376,i. P. C. read with Section 511,i. P. C. and awarding sentence of death and luyears R. I. respectively.
(2.) CRIMINAL appeal No. 193 of 1996 was filed by the appellant Ram Surat through counsel against the judgment and order mentioned above and CRIMINAL Appeal No. 194 of 1996 was filed by the appellant Ram Surat from jail against the said judgment and order. Capital Sentence Reference No. 1 was preferred by the Additional Sessions Judge, Bahraich. All these cases are now being heard and disposed of together. The incident is alleged to have taken place on 16-3-1994 at about 4. 30 p. m. in village Ramma, Police Station Kotwali-Bhinga, district Bahraich. It is stated that on 16-3-94, at about 4. 30 p. m. the complaint ant Jai Jai Ram Pandey (P. W. 2) who is a Class IV employee in the Vetenary Hospital, Bhinga, had gone to give water to the pigs of the vetenary hospital. His wife Mainna (P. W. 1) had gone to collect bricks for his plot alongwith his one daughter aged about 9 years. It is alleged that deceased Km. Kamli aged about 13 years was washing utensils. The prosecution case is that on hearing the noise of Bachav-Bachav coming from the house of one Swami Yadav, the complainant's wife Marina called Sukhram Apma and others to save the mother of Ram Surat, because she was under the impres sion that Ram Surat was assaulting his mother. It is said that the complainant and his wife Marina and others including Sukhram (P. W. 3) reached at the house of Ram Surat and saw that Ram Surat was assaulting the deceased Kumari Kamli by Kulhari. It is further alleged that the wit nesses tried to save Kamli, but they were threatened by the appellant and after threatening the witnesses he ran away from the scene of occurrence. The complainant, Jai Jai Ram Pandey (P. W. 2) thereafter got the report (Ex. Ka-1) prepared and lodged the same at 5. 55 p. m. at police station, Kot-wali-Bhinga. The distance of the police sta tion from the place of occurrence is four furlong. The F. I. R. was lodged in presence of the V B. Singh, S. I. Bhinga and thereafter investigation was entrusted to him. He im mediately proceeded to the place of incident and directed S. I. Rang Upadhyay (P. W. 8) to prepare the inquest and other relevant papers for post mortem examination of the deadbody of the deceased Kamli. On his direction (P. W. 8) Rang Upadhyay prepared the inquest report and other relevant papers (Exh. Ka-4 to 8) and sent the deadbody for autopsy through constable Ram Chandra, (P. W 4 ). The investigation officer, S. I. V. B. Singh thereafter, recorded the statements of the witnesses as well as called a photog rapher who took photographs of the dead body as well as place of incident. He also prepared site plan (Exh. Ka-14 ). He was thereafter, transferred. After his transfer the investigation was handed over to P. 9 S. I. Paras Nath Singh. After completing the in vestigation, he submitted the chargesheet against the accused appellant Ram Surat. The autopsy on the dead body of the deceased Km. Kamli was conducted by P. W. 6, Dr. R. S. Topwal on 17-3-94, at about 2. 30 p. m. He found the following ante-mortem injuries on the deadbody of the deceased Kamli. Ante-mortem injuries: 1. Incised wound on left side of neck 8 cm x 3. 5 cmx bone deep. 2. Incised wound on right side of neck on posterior aspect 4 cm x 2 cm x bone deep. All the structures underneath the injury were cut through and through, which included soft tissues, vessels, blood vessels and nerves, larynx and oesophagus and bones. 3. Incised wound on back of chest in outer scapular area, placed horizontally 4 cm x 2 cm x muscle deep. 4. Incised wound on back of chest in inter scapular area 1. 5 cm below, injury No. 3. Size 3. 5 cm x 2 cm x muscle deep.
(3.) INCISED wound on left scapular region, 3 cmx 1. 5 cmxbone deep. Contusion on left cheek 4 cm x 2 cm just below left eye. 5. The Doctor found IIIrd and IVth cervical vertebra cut through and through alongwith spinal cord and magos of cord. He also found 200 gms of semi digested food in the stomach. The Doctor was also asked to give comments about rape. He mentioned in his report that he had prepared vaginal slide and sent the same to Pathologist, of District Hospital Bahraich for examination. The doctor mentioned that no external marks of injury were seen on and around the exgental organs and breast. He also found no injury on face, breast or on private part of the deceased. The post-mortem report (Exh. Ka-1), P. W. 6, Dr. R. S. Tbpwal also stated that post-mortem was conducted by him along with P. W. 7, Dr. M. A. R. Siddiqui and therefore, Dr. M. A. R. Siddiqui was also called and he also confirmed the post mortem report. 6. The prosecution in support of the case examined ten witnesses. Out of whom P. W. 1, Smt. Marina, P. W. 2, Jai Jai Ram Pandey and P. W. 3 Sukhram Chauhan are witnesses of fact. P. W. 4 constable Ramesh Chandra Rai brought the deadbody for autopsy to the District Hospital Bahraich. P. W. 5 Shailendra Kumar Sharma was photographer who took photographs on the direction of the Investigating Officer. P. W. 6 and P. W. 7, Dr. R. S. Topwal and Dr. M. A. R. Siddiqui are the doctors, who conducted autopsy and prepared post-mortem report (Exh. Ka-2 ). P. W. 8 Rang Upadhyay, S. I. prepared inquest report as well as other relevant papers, P. W 9, Paras Nath Singh was the second Investigating Officer who submitted the chargesheet against the ac cused appellant. P. W. 10 V. P. Singh con ducted the initial Investigation into this case.;