ARVIND KUMAR,J. - (1.) Manjinder Kaur & Bholi, was found murdered on 15.12.1999. A trial for attempting to commit rape and thereafter murder of Manjinder Kaur was held against the appellant Major Singh by the Court of learned Addl. Sessions Judge, Fatehabad, which has culminated in his acquittal for the offence under Sec. 376 IPC read with Sec. 511 I.P.C. However, he has been held guilty for committing an offence under Sec. 302 of Indian Penal Code and has been sentenced to undergo rigorous imprisonment for life with a fine of Rs. 5,000/ - and in default thereof to further undergo rigorous imprisonment for a period of six months. This has necessitated filing of present criminal appeal by the appellant to challenge the conviction and sentence recorded against him.
(2.) Background facts, as culled out from the judgment of the trial court are essentially as follows: On 14.12.1999 Manjinder Kaur, deaf and dumb daughter of informant Charan Singh, resident of village Nathuwal had gone outside in the evening to play. When she did not return home, search was made for her but no clue was made available. Thereafter, on 15.12.1999, in the morning her dead body in a semi naked condition with injuries beneath the right eye, nose and car and neck throttled with salwar string, was found lying in the fields of Mohan Singh, Ex -sarpanch of Nathuwal village. On the basis of statement (Ex.PG) made by Charan Singh, F.I.R. No. 121 dated 15.12.1999 (Ex.PG/2) for the commission of offences under Ss. 302/376/511 IPC was registered at Police Station Jakal. Investigations were carried out. Inquest report (Ex.PE) was prepared by the Investigating Officer Parkash Chander (PW -12). Scene of crime team was summoned and Sahab Singh Chandana, Senior Scientific Assistant (PW4) lifted the blood stained earth from the place of occurrence, which was sealed and taken into possession vide recovery memo Ex.PC and rough site plan (Ex.PL) of the place of occurrence was prepared. Photographs (Ex.P -1 to Ex.P -4 negatives Exs.P -5 to Ex.P -8) of the dead body of Manjinder Kaur were clicked by Virender Singh, Photographer (PW.1). The dead body was sent to Civil Hospital, Tohana for postmortem examination where Board consisting of Dr. Satish Garg (PW.5), Dr. Sunil Bajaj and Dr. Poonam Grover conducted autopsy on the dead body. The Board found ligature mark of 8 cm in width around the neck regularly below the thyroid cartilage and bluish colonization on face, lips, around the eyes and peripheral region of the dead body. Besides, two incised wounds one below the left eye and another in front of left ear with clotted blood were noticed on the dead body and report (Ex. PF) was prepared. According to the Medical Board, the cause of death was due to asphyxia as a result of strangulation, which was sufficient to cause death in the ordinary course of nature. After conducting the post -mortem examination, the Board handed over duly stitched dead body, sealed parcel containing the clothes of deceased, police papers running into 15 pages, signed by them with sample seal and copy of post -mortem examination. On 26.12.1999, pursuant to a secret information, the accused Major Singh was apprehended by the police party. The tractor and trolley being driven by him were taken into police possession vide recovery memo (Ex.PK), rough site plan (Ex.PK/1) of the place of recovery of tractor and trolley was prepared. During the course of interrogation, the accused suffered a disclosure statement (Ex.P1) and further led the police party to the place of occurrence. Accordingly spot identification memo (Ex.PJ) was prepared. The accused was medically examined by Dr. H.L. Gupta (PW 13) vide report Ex.PO). Thereafter, on completion of investigation, a challan was put in Court against Major Singh.
(3.) After examining the record, the trial Court was of the view that a prima facie case under Ss. 376 IPC read with Sec. 511 I.P.C. and 302 I.P.C. was made out against the accused and accordingly framed the charges against him. Since the accused pleaded not guilty to the charges, the prosecution was called upon to lead evidence.;