- (1.) THE accused appeals.
(2.) THE appellant was charged and tried for the offence punishable under Sections 302, 376 and 379 of the IPC. The allegation against him before the trial Court is that after he committed rape on Palo Devi, the sister of PW 1, Syamlal Karmali and after snatching away a silver chain she was murdered by assaulting her. The learned trail Judge, finding the appellant guilty as charged, while sentencing him to imprisonment for life under Section 302 IPC, directed him to suffer rigorous imprisonment for seven years under Section 376, IPC and one year under Section 379 IPC. The present appeal is against the said conviction and sentence. The facts are as follows: PW 1, Shyam Lal Karmali is the brother of the deceased, Palo Devi, On 10.4.1981, PW 1 and the deceased, Palo Devi left the village for the husbands house of Palo Devi which was at village Ichatu. While they were proceeding to village Ichatu and reached a lonely place at Didgi field near village Chotki Lari a person who was short with fair complexion (according to the prosecution it is the appellant) appeared before them and caught hold of polo Devi. He molested Palo Devi to which PW 1 objected but he was threatened and assaulted. Therefore, PW 1 ran away from the place and that the appellant dragged the deceased, Palo Devi to a nearby field PW 1 reached the village Ukri D where and informed PW 2, Shibu Karmali, PW 8, Libu Karmali and PW 3, Dinu Mahto about the occurrence. PW 1 accompanied by the above mentioned three persons returned to the place and found the deceased lying on the ground. She told PW 1 and the other witnesses that she was raped by the person who misbehaved with her. Immediately thereafter she was taken to the village and at 10.30 p.m. Palo Devi breathed her last. On the next day, PW 1 went to the police station and gave Ext. 2, fardbeyan, on the basis of which a crime was registered. The investigation in the crime was taken up and inquest was conducted by PW 6. The inquest report is Ext. 8. After the inquest the body was sent for post -mortem.
(3.) ON receipt of the requisition PW 9, Dr. Bedbrata conducted autopsy on the dead body of Palo Devi and he found the body to be in a highly decomposed stage. On dissection he found bleeding and also noticed fracture of the body of sternum, right chamber of heart full of blood. He also found lyrinx and treachea conjested. He found foetus. He could not give any opinion as regards rape as the body was in a highly decomposed stage. He issued Ext. 7, the post -mortem certificate with his opinion that the death could be on account of asphyxia.;