DARGA RAM @ GUNGA Vs. STATE OF RAJASTHAN
LAWS(SC)-2015-1-19
SUPREME COURT OF INDIA (FROM: RAJASTHAN)
Decided on
January 08,2015
Darga Ram @ Gunga
Appellant
VERSUS
STATE OF RAJASTHAN
Respondents
Cited Judgements :-
XXX VS. STATE OF BIHAR [LAWS(PAT)-2022-11-64] [REFERRED TO]THE STATE OF MAHARASHTRA VS. KRUSHNA S/O RAMRAO RIDDE [LAWS(BOM)-2017-8-17] [REFERRED TO]
AMAN VS. STATE OF U.P [LAWS(ALL)-2023-5-44] [REFERRED TO]
BUNTY KUMAR SINHA VS. STATE OF JHARKHAND [LAWS(JHAR)-2016-11-149] [REFERRED TO]
MANOJ KUMAR GUPTA VS. STATE OF JHARKHAND [LAWS(JHAR)-2017-7-201] [REFERRED TO]
MAYA SINGH & ANOTHER VS. STATE OF M P [LAWS(MPH)-2016-8-179] [REFERRED]
MUKARRAB ETC. VS. STATE OF U.P. [LAWS(SC)-2016-11-45] [REFERRED TO]
TASLIM VS. THE STATE OF JHARKHAND [LAWS(JHAR)-2015-11-75] [REFERRED TO]
STATE OF J&K VS. SHUBAM SANGRA [LAWS(J&K)-2019-10-4] [REFERRED TO]
RAJINDER LOHAR VS. STATE OF WEST BENGAL [LAWS(CAL)-2022-4-173] [REFERRED TO]
R S MAHUDAWALA, SON OF SOHRAB J MAHUDAWALA VS. U P POLLUTION CONTROL BOARD, LUCKNOW, THROUGH ITS ASSISTANT ENVIRONMENT ENGINEER [LAWS(ALL)-2017-6-71] [REFERRED TO]
DILIP KUMAR MANDAL @ DILIP MANDAL, SON OF LATE FAKIR MANDAL VS. STATE OF BIHAR [LAWS(PAT)-2018-3-401] [REFERRED TO]
PRABHU SANKAR RAY @ PRABHU SANKAR @ GOLU VS. STATE OF BIHAR [LAWS(PAT)-2022-6-5] [REFERRED TO]
PRAYAGRAJ NAYAK VS. STATE OF ODISHA [LAWS(ORI)-2020-8-27] [REFERRED TO]
S.RAVISHANKAR VS. NEUROTRONICS SYSTEM INDIA PRIVATE LIMITED [LAWS(MAD)-2018-4-1674] [REFERRED TO]
KRISHNA S/O RAMRAO RIDDE VS. THE STATE OF MAHARASHTRA [LAWS(BOM)-2017-8-21] [REFERRED TO]
PRAMOD ORAON @ PRAMOD RAM VS. STATE OF JHARKHAND [LAWS(JHAR)-2017-3-77] [REFERRED TO]
ABHAY KUMAR SINGH VS. STATE OF BIHAR [LAWS(PAT)-2023-12-41] [REFERRED TO]
MADHAV CHAUDHARY VS. STATE OF UTTARAKHAND [LAWS(UTN)-2019-5-152] [REFERRED TO]
SHRI SANDEEP RAI VS. STATE OF SIKKIM [LAWS(SIK)-2020-12-12] [REFERRED TO]
KAPILDEO SAHNI @ KAPIL SAHNI VS. THE STATE OF BIHAR [LAWS(PAT)-2018-2-262] [REFERRED TO]
STATE OF U P VS. RANJEET YADAV [LAWS(ALL)-2016-9-89] [REFERRED]
BASHAN SKHEM KHARSAHNOH VS. STATE OF MEGHALAYA [LAWS(MEGH)-2021-12-4] [REFERRED TO]
KARANVIR SINGH VS. STATE OF BIHAR [LAWS(PAT)-2020-2-67] [REFERRED TO]
DEVILAL KURMI VS. STATE [LAWS(BOM)-2020-11-41] [REFERRED TO]
LALTA PRASAD VS. STATE OF JHARKHAND [LAWS(JHAR)-2021-1-9] [REFERRED TO]
SIYA RAM VS. THE STATE GOVT. OF NCT OF DELHI [LAWS(DLH)-2015-9-226] [REFERRED TO]
STATE OF JAMMU AND KASHMIR VS. SHUBAM SANGRA [LAWS(SC)-2022-11-66] [REFERRED TO]
NARAYAN CHETANRAM CHAUDHARY VS. STATE OF MAHARASHTRA [LAWS(SC)-2023-3-111] [REFERRED TO]
KAILAS VS. STATE OF MAHARASHTRA [LAWS(BOM)-2023-7-694] [REFERRED TO]
CHANDRA PAL VS. STATE OF U.P. [LAWS(ALL)-2015-12-20] [REFERRED TO]
JUDGEMENT
T. S. THAKUR, J. -
(1.)The appellant was tried and convicted for offences punishable under Sections 376 and 302 IPC. For the offence of rape punishable under Section 376, he was sentenced to undergo imprisonment for a period of 10 years besides a fine of Rs.1000/ - and default sentence of one month with rigorous imprisonment. Similarly, for the offence of murder punishable under Section 302 IPC, he was sentenced to undergo life imprisonment besides a fine of Rs.3,000/ - and default sentence of three months' rigorous imprisonment. Both the sentences were directed to run concurrently. Criminal Appeal No. 604 of 2004 filed by him was heard and dismissed by a Division Bench of the High Court of Judicature for Rajasthan at Jodhpur. The present appeal assails the impugned judgment and order.
(2.)A first Information Report was registered at Police Station Rani in the State of Rajasthan on 11th April, 1998, inter alia, stating that the complainant on 9th April, 1998 had organised a "Jaagran" (night long prayer meet) near a well belonging to one Magga Ram. The complainant and other relatives, in all around 50 persons assembled for the "Jaagran" that continued till late night. This included his seven year old daughter -Kamala who went to sleep along with other children close to the place where the "Jaagran" was held. When he returned to his house he noticed that Kamala was missing. Assuming that she may have gone away with one of the relatives, a search was made at their houses but Kamala remained untraceable. The search was then extended to neighbouring areas where the dead body of Kamala was discovered by Magga Ram (PW -5) and Pura Ram. On receipt of this information he and Naina Ram (PW -2) went to the place and found that baby Kamala had been raped and killed by crushing her head with a stone. The dead ody of Kamala was, according to the report, lying on the spot.
(3.)A case under Sections 302 and 376 of the IPC was registered on the basis of the above information and investigation started which led to the arrest of the appellant and eventually a charge sheet against him before the jurisdictional magistrate who committed the case to Additional Sessions Judge, (Fast Track), Bali.
(2.)A first Information Report was registered at Police Station Rani in the State of Rajasthan on 11th April, 1998, inter alia, stating that the complainant on 9th April, 1998 had organised a "Jaagran" (night long prayer meet) near a well belonging to one Magga Ram. The complainant and other relatives, in all around 50 persons assembled for the "Jaagran" that continued till late night. This included his seven year old daughter -Kamala who went to sleep along with other children close to the place where the "Jaagran" was held. When he returned to his house he noticed that Kamala was missing. Assuming that she may have gone away with one of the relatives, a search was made at their houses but Kamala remained untraceable. The search was then extended to neighbouring areas where the dead body of Kamala was discovered by Magga Ram (PW -5) and Pura Ram. On receipt of this information he and Naina Ram (PW -2) went to the place and found that baby Kamala had been raped and killed by crushing her head with a stone. The dead ody of Kamala was, according to the report, lying on the spot.
(3.)A case under Sections 302 and 376 of the IPC was registered on the basis of the above information and investigation started which led to the arrest of the appellant and eventually a charge sheet against him before the jurisdictional magistrate who committed the case to Additional Sessions Judge, (Fast Track), Bali.
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