CHANDRAPAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Chandrapal, son of Horam Giri, a condemned prisoner, has come up in appeal to this Court against the judgment and order dated 29.1.2007 passed by Smt. Neerja Singh, Additional Sessions Judge (F.T. Court No.17), Bulandshahar whereby appellant was found guilty under Sections 302 and 376 (2) (f) of the Penal Code and was sentenced to death and to undergo imprisonment for life respectively thereunder. He was sentenced to pay a fine of Rs. 10,000.00 also under Sec. 376 I.P.C. In default, he was directed to suffer imprisonment for a period of two years.

(2.) In brief, the prosecution case is as under:-

(3.) P.W.1 Rajendra, son of Ram Charan Giri, the informant and the appellant are residents of village Ladana, P.S. Khanpur, Bulandshahar. The appellant is cousin of the informant. On 26.3.2005 at about 7-00 p.m., the informant's son disclosed to him that his sister Km. A (name withheld by us) aged about five years, was missing. Rajendra accompanied by his son (Ankit) searched Km. A in the village and made enquiries about her from several persons. Ultimately, his brother P.W.2 Yogendra and Raju son of Mainu disclosed that the appellant took her towards his Gher and they saw her in his company. The informant accompanied by his brother Yogendra, Rakesh, son of Laxmi Narain Sharma and other villagers arrived at the Gher of Chandrapal searching Km. A. He was seen coming out of Gher and the informant and others made enquiry from him. They took a search of the Gher and found blood and Chappals of Km. A inside the Chhapper. They further found Km. A lying in unconscious condition in the heap of leaves outside the Chhappper and saw bleeding from her private parts. When Chandrapal was questioned about it, he tried to run away. Looking to the condition of the girl, the villagers were agitated and they apprehended the appellant and assaulted him. Chandrapal confessed his guilt and prayed for clemency. The informant, his son Ankit and brother Yogendra arranged a Jeep and took Km. A as well as Chandrapal to District Hospital for treatment. The doctor declared Km. A dead in the hospital and Chandrapal was admitted there. It was further alleged that Chandrapal had committed rape on a minor girl and thereafter killed her.