GANESH LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) G' a young child of 11 years, daughter of PW 6, the father and PW7, the mother, resident of a village within the limits of P. S. Shambhupura, Distt Chittorgarh had gone to fetch fodder from the field of theirs at about 4 p.m. on 2-9-1992. She did not return back to home until 7 p.m. whereupon an extensive search was launched by the parents, associated with the villagers, who made inquiries not only in the village but also in nearby villages but without any result. Mohan Lal and Chhagan Lal, PW 16 and PW 23 found the dead body of the missing girl in the field of Udai Lal at about 7 a.m. on 3-9-1992. Udai Lal's field is situated near the field of PW 6. They informed the villagers whereupon they assembled in the field of Udai Lal. The dead body was in a bad shape. The neck was broken. There were marks of injury on the neck which appeared to have been twisted. Blood was oozing out from neck and private parts of the body. Her both legs were chopped off from near the ankles and were lying separated near the body. The kuralias (silver ornament worn by girls in the villages) which the deceased used to wear, one in each legs, were missing. The dead body and the chopped off legs were picked up from the field and brought to home. Bhanwar Lal, PW 5, was sent to police station to lodge an F.I.R. of the incident. The investigation commenced. Ghaghara (a garment worn by girls on the lower part of the body) which the deceased was wearing, was found to be stained with blood oozing out from vagina and was seized. Post mortem was conducted. According to the facts found and the opinion based thereon, the girl was raped and then killed by throttling. The neck of the deceased was pressed with thumb and fingers. Thumb and finger marks could be visibly seen on the neck. The death was caused by asphyxia. The legs were separated from the body after her death by chopping off with a sharp edged weapon.

(2.) The accused was arrested shortly after midnight of 3rd and 4th September, 1992. The investigation pointed out to his involvement in the crime. He was challaned and put up for trial. The trial Court held the accused guilty of the offences punishable under Sections 376(2) (f, 302 and 404, IPC. The accused was sentenced to 10 years rigorous imprisonment and fine of Rs. 100/-, in default to undergo additional R. I. for 3 months under Section 376(2)(f, to life imprisonment and fine of Rs. 100/-, in default to undergo additional R. I. for 3 months under Section 302 and to 2 years R. I. and fine of Rs. 100/-, in default to undergo additional 3 months R. I. under Section 404, IPC. the Division Bench of the High Court has maintained the conviction recorded and sentences passed by the trial Court dismissing the appeal preferred by the accused. This appeal has been preferred by special leave.

(3.) A perusal of the judgment of the trial Court and of the High Court shows the following pieces of incriminating circumstantial evidence having been found proved so as to hold the accused guilty of the offences charged :-