MANNU (P) MAHENDRA SONI Vs. STATE OF MADHYA PRADESH (NOW CHHATTISGARH)

JUDGEMENT

(1.) BY Criminal Appeal No. 2521 of 1997 the accused/appellant has questioned the legality and correctness of the judgment of conviction and order of sentenced dated 17 -9 -97 passed by learned Additional Sessions Judge, Korba in S.T. No. 171/96 whereby learned Additional Sessions Judge after holding the accused/appellant guilty for commission of offence under Sections 363, 366 -A, 376, 302 and 201 of the IPC sentenced him to undergo R.I. for 7 years & pay a fine of Rs. 500/ -, in default of payment of fine to further undergo R.I. for 6 months under Section 363 of the IPC, to undergo R.I. for 7 years & pay a fine of Rs. 500/ -, in default of payment of fine to further undergo R.I. for 6 months under Section 366 -A of the IPC to undergo R.I. for 10 years and pay a fine of Rs. 500/ -, in default of payment of fine to further undergo R.I. for 6 months under Section 376 of the IPC, to undergo R.I. for life under Section 302 of the IPC and to undergo R.I. for 3 years & pay a fine of Rs. 500/ -, in default of payment of fine to further undergo R.I. for 6 months under Section 201 of the IPC. The State Government has also preferred Criminal Appeal No. 584/98 under Section 377 of the Cr.PC on the ground of inadequacy of the sentence imposed upon the accused and looking to the facts and circumstances death sentence be imposed upon the accused. Both these appeals are relating to the same crime and arising out of same judgment therefore, they arc being disposed of by this common judgment.

(2.) THE case of the prosecution, in brief, is that in the evening of 26th January, 1996 minor girl Uttra Kumari aged about 8 years was playing with the children near the house. However, when she did not return to her house at the time of dinner, i.e., 7 p.m., father of Uttra Kumari started searching Uttra Kumari. When her whereabouts could not he known, Nanki father of girl Uttra Kumari made a missing report on 27 -1 -96 at 7.45 a.m. at the outpost of police chowky Rajgamar to the effect that on 26th January, 1996 his daughter Uttra Kumari aged about 8 years was playing along with Atish Kumar Chouhan, aged about 8 years and Sampa Bai Patel, aged about 7 years near the house. After some time, children left for their residence and Uttra Kumari was standing all alone near the Mahua bush. After watching the picture on television, he returned to his house at about 7p.m., and Uttra Kumari was not at the residence to take dinner. The search was made in the vicinity but her whereabouts could not he known. On receiving this report, missing report No. 1/96 was entered in the Rojnamcha Sana. Again missing report Exh. P -3 was given by Nanki, father of Uttra Kumari, on 27 -1 -96 in the police outpost Rajgamar. The villagers and police started searching Uttra Kumari.

(3.) ACCUSED Mannu (a' Mahendra Soni, was in police custody in connection with Crime No. 0/96 under Sections 457 and 380 of the IPC and was brought in police outpost in the intervening night of 29th/30th January, 1996. On enquiry, he made a memorandum Exh. P -15 on 30 -1 -96 at 9 a.m. to the effect that in the evening of 26 -1 -96 he took Uttra Kumari on a shop where he purchased biscuits and after giving those biscuits to Uttra Kumari, took her towards "Pareha Darha" rivulet. After committing rape on her, fearing that she would disclose this incident, he murdered her by pressing her neck and threw the body of Uttra Kumari in the "Pareba Darha" rivulet. He also threw one green colour shawl of Uttra Kumari in the rivulet. I can get the body and shawl recovered. Based on this memorandum a search was made and shawl was recovered at about 11 a.m. from the rivulet under Exh. P -16 in the presence of Dilip Kumar Patel and Radhe Shyam. The body of Uttra Kumari was also located and Panchanamas Exh. P -12 at 9.45 a.m. and Exh. P -14 at 10.45 a.m. of the body of deceased Uttra Kumari were prepared after giving notice Exh. P -13 to the Panchas.