HARBANS LAL, J. - (1.) THIS appeal by appellant Ranjeet Singh is directed against the judgment and order dated 23. 8. 2001 passed by the learned Additional District and Sessions Judge (Fast Track) No. 1, Kota in Sessions Case No. 76/2001 whereby, the appellant has been convicted for offences u/ss. 302 and 302/34 IPC and sentenced to Life Imprisonment with a fine of Rs. 5000/-; in default of payment of fine, to undergo simple imprisonment for three months.
(2.) SUCCINCTLY stated, the relevant facts are that a tragic and unfortunate incident leading to the death of three persons namely; Lallu, Ramjani and Mst. Iisha took place at 11. 00 p. m. on 9. 4. 1987 in Kachchi Basti Talwandi, Kota. The case of the prosecution as unfolded in the Parcha Bayan of deceased Mst. Iisha is that Mst. Hasina D/o Ramjani was enticed away by one Mst. Devi on the pretext of accompanying her to attend the call of nature some 15 days prior to the present incident. Mst. Hasina is alleged to have been handed over to Daulat who along with others forcibly took her away in an auto-rickshaw and committed rape with her throughout the night. It is further alleged that in the next morning Mst. Hasina was found lying in an unconscious condition near Aerodrome Circle where from she was brought home. She informed as to what had happened with her. A report was lodged with the police about the incident whereupon; Daulat was arrested and lodged in jail. Infuriated by this, as per the prosecution version, when Mst. Iisha and Ramjani along with their children were sleeping in their Tapri and their son Lallu alias Jan Mohd. was sleeping on a cot outside the Tapri, accused persons came there duly armed with knives at about 11. 00 p. m. on the fateful night intervening 9. 4. 1987 and 10. 4. 1987. After waking up Lallu, the brother of Daulat who was having a beard, inflicted injuries to him with knife. On hearing his cries Mst. Iisha came out of the Tapri and objected to this. At this, he inflicted a knife blow to her as well. In the meanwhile, Ramjani also came out and accused Ramesh, Tarzan and Ranjeet inflicted injuries to him by knives. On hearing the noise of the cries, Mst. Hasina and others also reached there. Lallu in an effort to save himself rushed to the Uniya Basti after holding his abdomen from where he was bleeding but he fell down there and ultimately died. Ramjani also died on the spot. Police reached there on receiving telephonic information about this incident. Mst. Iisha was taken to the hospital. She was admitted at Bed No. 13 in Female Surgical ward. Her statement (Parcha Bayan) Exh. P. 22 was recorded at 3. 45 a. m. on 10. 4. 1987. On the basis of this Parcha Bayan, a formal FIR Exh. P. 23 was registered. The Special report Exh. P. 23 reached the concerned Magistrate at 6. 15 p. m. on 10. 4. 1987. Mst. Iisha also succumbed to her injuries. The police prepared the memos of dead bodies (Panchayatnama Laash) of all the three deceased and got conducted the post mortem of their bodies. The police also made other necessary investigation. On completion of necessary investigation, a charge-sheet was filed as against 8 persons namely; Ranjeet, Badri, Laxmi Narain, Ramlal, Ramesh Dadhich, Mahaveer, Sanjay Singh and Tarzen alias Pratap Singh. Accused Badri was shown as absconding. Accused Ramesh, Sanjay Singh, Mahaveer, Tarzen alias Pratap Singh died during the trial. So, the proceedings were dropped as against them. After committal and transfer of the case to the court below, the learned Trial Court framed charges against the appellant and others who pleaded not guilty and claimed to be tried. The prosecution examined in all 23 witnesses and got exhibited 21 documents in support of its case. Thereafter, when the accused persons were examined under Section 313 Cr. P. C. they denied the incriminating materials put to them. They however led no evidence in their defence. The Trial Court after hearing both the sides and on the basis of the evidence on record acquitted Laxmi Narain and Ramlal vide its judgment dated 23. 8. 2001 and convicted and sentenced appellant Ranjeet Singh as mentioned above. Hence, this appeal by the appellant. The State has however, not challenged the acquittal of accused Laxmi Narain and Ramlal. We have heard at length learned Senior counsel representing the appellant, learned Public Prosecutor for the State and have also perused the entire record as well as the impugned judgment.
(3.) KARAN Singh PW1, the auto-rickshaw driver, was examined to prove that accused Laxmi Narain, Mahaveer and Ramlal travelled in his auto Rickshaw No. RNO-9589 on 9. 4. 1987 at about 11. 00 p. m. from Gordhanpura Chauraha to Talwandi. On Prakash PW7, the owner of auto Rickshaw No. RNO-9589 was examined to prove that KARAN Singh used to take on hire his auto rickshaw. Amarnath PW2 was the witness of Panchayatnama Laash of Lallu Exh. P. 2 and Ramjani Exh. P. 3 and seizure memos of Exh. P. 4 and Exh. P. 5 vide which blood was lifted from the places where the dead bodies of deceased Lallu and Ramjani were found. Hari Mohan PW-5 and Mata Prasad PW- 6 were the witnesses of recovery of knife at the instance of Laxmi Narain vide Exh. P. 7. Sheru PW-8 was the witness who reached the spot on hearing the noise from the house of deceased Ramjani and who had informed the police telephonically about the incident and who had accompanied injured Mst. Iisha to the hospital. He was also a witness of memos Exh. P. 10, Exh. P. 11, Exh. P. 12 and Exh. P. 13. Phoolchand PW-10 and Mohd. Hanif PW-11 were the witnesses of recovery of knife from Ramesh Dadhich vide Exh. P. 15. Lal Singh PW-12, Ramesh PW-13 and Suleman PW-14 were the witnesses of recovery of knife from accused Badri Lal vide Exh. P. 16. But all these witnesses have turned hostile and have not supported the facts to prove for which they were examined by the prosecution. Surendra Kumar PW-15, the then SHO P. S. Dadabari has deposed that he has filed charge-sheet against accused persons. He has also exhibited the report of the F. S. L. Exh. P. 21. Devlal PW-16, Constable No. 1012 accompanied Rajendra Kumar Ojha PW-23 to the hospital. He carried the Parcha Bayan Exh. P. 22 Mst. Iisha from MBS Hospital Kota to the police station. He brought back the formal FIR No. 44/87 after registration of the case and handed it over to Rajendra Kumar Ojha PW-23. Shiraj Ahmed PW-17, the Head Moharir and Incharge Malkhana has deposed that he had registered the formal FIR Exh. P. 23 on the basis of Parcha Bayan Exh. P. 22 which was brought to him by Devlal PW-16 and after registration of the case he sent back the formal FIR Exh. P. 23 to Rajendra Kumar Ojha PW-23. He has further stated that as incharge Malkhana he was handed over 12 sealed packets pertaining to this case about which he made entries Exh. P. 24 to Exh. P. 29 in the Malkhana register at Sr. Nos. 174, 176, 182, 183, 184, 187, 188 and 204. He has also deposed that 6 sealed packets were handed over by him to Bhanwar Singh, Constable No. 1047 on 27. 5. 1987 for being deposited with FSL Jaipur. Bhanwar Singh after depositing the sealed packets with the FSL on 28. 5. 1987, came back on 29. 5. 1987 and handed over to him the receipt of the deposit of the sealed packets Exh. P. 30. Suresh Chand, PW-18 who was posted ad Head Constable No. 117 in the office of the Superintendent of Police Kota, has deposed that he handed over the relevant papers to Constable Bhanwar Singh for taking sealed packets to the FSL, Jaipur. ;