- (1.) PRAFULLA C. Pant, J. This appeal, preferred under Section 374 of Code of Criminal Procedure, 1973 (hereinafter referred as Cr. P. C.), is directed against the judgment and order dated 7-9-1990, passed by learned Ses sions Judge, Chamoli, in Sessions Trial No. 10 of 1989, whereby appellants Puran Singh and Anand Singh are con victed under Sections 376, 302/34 and 201 of Indian Penal Code, 1860 (here inafter referred as I. PC.), and each one of the convict is sentenced, under Sec tion 376 of I. P. C. to rigorous imprisonment for a period of ten years, under Section 302/34 of I. PC. to imprison ment for life, and under Section 201 of I. P. C. to rigorous imprisonment for a pe riod of five years.
(2.) HEARD learned counsel for the parties and perused the entire record. Prosecution story in brief is that on 20. 3. 1988, P. W. 1 Madho Singh gave a report (Ext. A-1) to Patwari of Banauli, wherein it was mentioned that on 13-3-1988 Smt. Purni Devi (de ceased) had gone to forest, in village Conoth, to collect firewood, but did not return back. (In Uttarakhand hills, in the interior areas, Revenue Officials are given police powers ). It was also mentioned in the said report that on 14-3-1988, vil lagers made search for Purni Devi, but she could not be traced. However, on 20-3-1988 at about 6. 30 P. M. , P. W. 2 Jagat Singh told to Madho Singh (informant) that Puran Singh (accused-appellant) had told him that in the jungle, from an oak tree, a woman's body is lying hang ing. On the said report (Ext. A-1), the Patwari proceeded the next day towards the jungle of Pudiyani and took the dead body of Pumi Devi in his possession and prepared inquest report (Ext. A-3), sam ple seal (Ext. A-9 and Ext. A-10) and letter to Chief Medical Officer, Chamoli (Ext. A-8), requesting for post mortem examination of the dead body. The au topsy was conducted on 22-3-1988. at about 11. 50 A. M. at Gopeshwar, on the dead body by a team of two doctors, which included Dr. N. S. Pal (P. W. 5 ). The doctors, who conducted post mortem examination prepared report (Ext. A-2), in which they opined that cause of death was asphyxia as a result of strangula tion. On 21-6-1988 witness, Munni Devi (P. W. 3), who accompanied deceased Purni Devi on 13-3-1988, while going to forest, was examined under Section 164 of Cr. P. C. by the Sub Divi sional Magistrate Karan Prayag (District Chamoli ). Narrating the story, Munni Devi told the Magistrate that on 13-3-1988, she along with Purni Devi (de ceased), Saraswati Devi (P. W. 4), one Sita and others had gone to Pudiyani forest for collecting firewood. When they were returning with the bundles of firewood, Puran Singh, Chaukidar of the forest (accused-appellant), stopped them and snatched their sickles for entering in the Pudiyani jungle. On this, the ladies consulted among themselves and Saraswati Devi and Purni Devi decided to go to the house of Puran Singh to get back their sickles. However, Puran Singh did not return their sickles and they came back empty handed. Thereafter, Saraswati Devi and Sita went back to village to their houses, but Purni Devi expressed fear of being scolded by her in-laws for coming without sickle. On this, Purni Devi (deceased) and Munni Devi, (P. W. 3) decided to go to Village Chatauli to the house of sister of Purni Devi. On the way, they met Anand Singh, accused-appellant, who assured them that he would get the sickles back from Puran Singh. Meanwhile, Puran Singh also reached there and the two accused took the two ladies to nearby cowshed of Anand Singh. There, Puran Singh committed rape on Pumi Devi and Anand Singh committed rape on Munni Devi, after making the two ladies drunk with liquor. Next day morning Munni Devi came back from the cowshed, but Purni Devi remained there. According to Munni Devi, she was threatened by the accused not to tell about the incident to anyone,
(3.) IT appears that as per the. orders of Nayab Tehsildar, the investigation was entrusted on 25-3-1988 to Supervisory Kanoongo. P. W. 7 Madho Singh the then Supervisory Kanoongo, on the basis of the report of post mortem examination, registered a case crime relating to of fence punishable under Section 302 of I. PC. , and started investigation. He in terrogated the witnesses and prepared the site plans (Ext. A-4, Ext. A-5 and Ext. A-6 ). However, finally further inves tigation was entrusted to regular police and PW. 8 Virad Sharma, Station Officer of Police Station Gopeshwar, completed the investigation and after further inter rogation of the witnesses, submitted the charge sheet (Ext. A-19) against accused Puran Singh and Anand Singh, both the appellants, for their trial in respect of the offences allegedly committed by them punishable under Sections 302, 376, 342, 346, 343, 323, 504 and 506 of I. P. C. On receipt of the charge sheet, it appears that the Magistrate, after giv ing necessary copies to the accused, as required under Section 207 of Cr. PC. , committed the case to the Court of Ses sions Judge, Chamoli, for trial. Learned Sessions Judge, after hearing the pros ecution and the defence, framed charge of offences, punishable under Sections 376, 302 read with Section 34, and 201 of I. RC. . on 14-9- 1989 against both the accused Puran Singh and Anand Singh. They pleaded not guilty and claimed to be tried. On this, on behalf of the pros ecution, P. W. 3 Munni Devi was exam ined on 29-11-1989. In her examina-tion-in-chief, she named four more per sons namely, Harmal Singh, Tham Singh, Chunya Singh and Bachan Singh, alleging that they too committed rape on Purni Devi. Learned Sessions Judge, exercising its powers under Sec tions 319 of Cr. P. C. , summoned the four and framed charge of offences punishable under Sections 376, 302 read with Section 34, and 201 of I. PC. against all the six accused on 16-2-1990. The six, namely Puran Singh, Anand Singh, Harmal Singh, Tham Singh, Chunya Singh and Bachan Singh were further charged of offence punishable under Section 147 of I. P. C. All the six pleaded not guilty and claimed to be tried. The prosecution evidence thereafter, adduced afresh. On behalf of the prosecution P. W. 1 Madho Singh, informant, P. W. 2 Jagat Singh S/o Man Singh, P. W. 3 Munni Devi, P. W. 4 Saraswati Devi, P. W. 5 Dr. N. S. Pal, P. W. 6 Shivraj Singh, P. W. 7 Madho Singh, the then Supervi sory Kanoongo and P. W. 8 Virad Sharma, Station Officer Police Station Gopeshwar were examined. The oral and documentary evidence adduced by the prosecution was put to the accused per sons in reply to which they alleged the same to be false. On behalf of the de fence D. W. I, Jagat Singh S/o Kalyan Singh, D. W. 2 Murkhulaya Singh and D. W. 3 Nanda Singh were got examined. After hearing the parties, the trial court did not find accused Harmal Singh, Tham Singh, Chunya Singh and Bachan Singh guilty of any of the charges framed against them and they were ac quitted of the charges. As to the accused Puran Singh and Anand Singh, the trial court did not find them guilty of offence punishable under Section 147 of I. P. C. , but they were found guilty of offences punishable under Sections 376,302/34 and 201 of I. P. C. The two convicts (present appellants) were heard on sen tence and the trial court sentenced each of them, namely, Puran Singh and Anand Singh, under Section 376 of I. P. C. to rigorous imprisonment for ten years, under Section 302/34 of I. P. C. to imprisonment for life, and under Sec tion 201 of I. P. C. to rigorous imprisonment for a period of five years. The convicts preferred appeal before the Allahabad High Court, from where this appeal has been received by transfer to this Court under Section 35 of U. P. Re organization Act, 2000, for its disposal.;