RAJENDRA KUMARIV,J. - (1.) Accusedappellant Bhola Singh faced trial in Sessions Trial No. 665 of 2001 (State v. Bhola Singh, Case Crime No. 144 of 2001), under Sections 376 and 302 IPC, Police Station Maharajpur, District Kanpur Nagar, which came to be heard and decided by Additional Sessions Judge, Court No.11, Kanpur Nagar, vide judgement and order dated 17.09.2003 convicting accusedappellant under Sections 376 and 302 IPC and sentencing him to undergo ten years rigorous imprisonment and fine of Rs.2,000/ under Section 376 IPC, in default of payment of fine, three month additional imprisonment; and life imprisonment and fine of Rs. 5000/ under Section 302 IPC; in default of payment of fine, six months additional imprisonment. All the sentences shall run concurrently. Accusedappellant has sought intervention of this Court by filing present criminal appeal.
(2.) Prosecution story in brief is that on 03.07.2001 at about 01:00 PM, victim daughter of PW1 (name withheld by us) aged about ten years was present alone in the hut (madai) to look after the field. When PW1 and Ram Nath arrived there at about 01:00 PM, they saw that accusedappellant Bhola assaulting the victim with Khurpi. On seeing this, they raised alarm then accused appellant tried to ran away from hut but they caught hold accusedappellant with blood stained Khurpi at the distance of fifty yards from hut. On alarm many persons of village came at the spot, and saw that victim was lying in the hut, dead with blood, her neck was cut with other injuries on the body and her genital was bleeding. It appeared that she was raped and murdered by accused. Underwear of accused was also blood stained. With the help of villagers, accused Bhola Singh and blood stained khurpi with dead body of victim were taken to police station in Tractor Trolly. PW1 presented a written report Ex.Ka1 getting scribed by one Ram Nath in the police station concerned. On the basis of Ex.Ka1, PW3 Suresh Singh registered a chik FIR, Ex.Ka5, as case crime no.144 of 2001 against accused under Section 376 and 302 IPC and entry of case was made in General Diary on the same day, copy where of is Ex.Ka6 is on record.
(3.) PW5 S.I. Narendra Pratap Narain Singh commenced investigation, recorded statement of PW1, prepared recovery memo of blood stained khurpi recovered from the possession of accused, Ex.Ka3; took one shirt, underwear of accused in his possession, prepared memo thereof Ex.Ka7; recorded statement of accused; held inquest over the dead body of victim and got postmortem report.;