RAJIV BHALLA, J. - (1.) BY way of this judgment, we shall dispose of Criminal appeal no 886 -DB of 2006 and Cry final Revision No 244 of 2007 together. as they arise from the same Impugned judgment dated 1511.2006 and order dated 16.11 2006 gassed by the Additional Sessions Judge, Faridabad. The appellant has been convicted under sections 302, 366A, 376 and 328 of Indian Penal Code and sentenced as follows : U/s 366A IPC Rigorous imprisonment for seven years and to pay a fine of Rs. 3000/ - In default of payment of fine, to further undergo rigorous imprisonment for six months. 3761PC Rigorous imprisonment for seven years and to pay a fine of Rs. 3000/ -. In default of payment of fine, to further undergo rigorous imprisonment for six months. 328 IPC Rigorous imprisonment for seven years and to pay a fine of Rs. 3000/ -. In default of payment of fine, to further undergo rigorous imprisonment for six months. 302 IPC Rigorous imprisonment for life and to pay a fine of Rs. 3000/ -. In default of payment of fine, to further undergo rigorous imprisonment for one year. All sentences have been ordered to run concurrently.
(2.) THE revision has been filed by the complainant, father of the deceased, for award of death sentence. The case of the prosecution, in brief, is that on 18.3.2003 Snit Om Wati wife of Med Singh, complainant, and her two daughters were sleeping on the roof of their house. Om Wati and Kavita were sleeping on one cot, whereas the deceased was sleeping on a separate cot, At about 10.00 P.M., Om Wati woke up and found that the deceased was missing. She raised an alarm, that attracted her neighbours. The police post, Malerna, was informed, by a neighbour, Vinod The police party arrived from Police Post, Malerna, but could not find the girl. Ti he missing girl was found unconscious on the roof of an adjoining house belonging k Moharpai She was taken to Escorts Hospital Faridabad. Med Singh, husband of the complainant, who was away to village Milakpur, was informed Med Singh, father of the deceased, made a statement, Ex. PA, at about 10.00 P.M., on 20 2003, which was endorsed vide Ex PA/1 by Tara Chand, ASI and led to the registration of the formal FIR No 197 dated 20.3.2003, Ex PA/2, at Police Station City Ballabgarh at 10 10 P M., on 20.3.2003. The report was initially registered under section 328 of the Indian Penal Code, but after medical examination and the passing away of the deceased, sections 302 and 376 of the Indian Penal Code were added. In his statement, Ex.PA, Med Singh stated that Dharmender, attempted to kill his daughter by administering poison as earlier also the appellant had teased his daughter The appellant was arrested on 22.3.2003 and suffered a disclosure statement, Ex. PD, on 26.3.2003 admitting that he had raped the deceased and, on account of fear administered poison to her After she became unconscious, he threw her on the roof of Mona pal. The appellant stated that he had concealed an aluminium vial containing poison in a godrej cupboard in his room and could get it recovered. The appellant got recovered an aluminum vial with the words ROGOR' in 'English' and Zahar in 'Hindi' from a cupboard, Inside his room vide recovery memo Ex PD/2 The appellant pointed out Bajrang Beej Bhandar, as the shop from where he had purchased the insecticide, vide demarcation memo Ex DA/1.
(3.) DR . Sudhir Khurana, Medical Officer, B.K. Hospital, Faridabad, a member of the Board of doctors, who conducted the post mop tern found the following injuries on the person of the deceased. "1. Reddish purple contusion were present all around the neck extending upward upto chin anteriorly and lobules of both pinna laterally and occipital region of scalp posteriorly and interiorly upto upper 3 cm of the chest near base of neck, on dissection substaneous collection of blood was present. Lobuse of both, ears were swollen and contuse. 2. Contusion and diffused swelling on the right side of forehead. It was purplish in colour 3. On opening both eyes. balls were bulging and sub -conjuctival haemorrhage were present. 4. Contusions were present on both axilas and lateral aspect of chest on both sides. It was reddish in colour and there was subcutaneous collection of blood. 5. Small abrasion with clotted blood on the dorsum of both elbows, lambar region and dorsum of left foot. 6. Abrasion 6 cm x 1/2 cm on the left groin clotted blood was present. 7. Small circular canula on the right side of the neck and right inguinal regions" ;