Subhash Chandra Agarwal, J. - (1.) THIS is a jail appeal filed on behalf of the appellant Siraj alias Salau, who has been convicted under Sections 302 and 376, I.P.C. by Sessions Judge, Basti vide judgment and order dated 4.3.2004 in ST. No. 136 of 2001 .The appellant has been sentenced to imprisonment for life and to pay a fine of Rs. 5,000 in default to undergo further imprisonment for one year under Section 302, I.P.C. He was further sentenced to R.I. for 10 years and to pay a fine of Rs. 5,000 and in default to further undergo R.I. for one year under Section 376, I.P.C.
(2.) THE incident took place on 10.1.2001 sometime after 3.30 p.m. and the F.I.R. was lodged on the same day on 21.35 hours at P.S. Cantt. district Basti against one Mahendra Kumar alias Vifai. As per the F.I.R. on 10.1.200l at about 3.30 p.m. deceased Km. Shama aged about 16 years, who happens to be the sister of informant Raj Mohd. alias Raju P.W. 1, had gone towards south of the village to attend the call of nature. When Km. Shama did not return, a search was made and dead body of Shama was found in the Sugarcane field of Kapil Dev Shukla situated in the south of village Sewara Lala. Apparently, Km. Shama had been strangulated, her salwar and underwear were pulled below her legs. Mohd. Amin and Barhu, residents of same village, disclosed that they had seen Mahendra Kumar alias Vifai coming out of the sugarcane field of Kapil Dev Shukla. First informant Raj Mohd. alias Raju lodged the F.I.R. suspecting murder of his sister Shama by Mahendra Kumar alias Vifai after a failed attempt of rape. On the basis of written report Ext. Ka- 1, Case Crime No. 9 of 2001 was registered at P.S. Cantt. district Basti by Head Constable Shiv Bachan Prasad (P.W. 6) and Check report Ext. Ka-4 was prepared and entry in the G.D. was made at serial No. 37 at 21.35 hours (copy Ext. Ka-5). Investigation was taken over by S.O. Sri Ram Saran Chaudhary, (P.W. 9.). The Investigating Officer went to the spot, and conducted the inquest proceedings and the dead-body was sent to the District Hospital, Basti for post-mortem examination through P.W. 4 Constable Peer Ali Khan and Constable Moti Lat Bhaskar. He also recorded the statement of witnesses.
(3.) AUTOPSY on the dead body of Km. Shama was performed by P.W. 5 Dr. Narendra Kumar Srivastava on 11.1.2001 at 2.15 p.m. The deceased was about 16 years of age. Eyes and mouth here closed. Blood mixed mucus was coming out from the mouth. Tongue was protruded. There was bleeding from vaginal opening. The following ante-mortem injuries were found on the dead body : 1. Abraded contusion over right side of face at level of right angle of mouth just laterally. 2. Abraded contusion 2.2 cm. over right side of neck, 5 cm. below the right ear and anteriorly to sternocledis mastoid muscle. 3. Contusion 7.2 cm. over back right side, 2 cm. below the right angle of scapula and 2 cm. lateral to mid line. 4. Abrasion 5.2 cm. over right side over left iliac crest and 10 cm. away from mid line. The death was caused about one day before post-mortem examination. Rape was done before her death, which was due to asphyxia caused by smothering.;