long, placed 2.5 cm.
On 10.4.1996 at 7.30 p.m. Smt.
Lalita rushed to the factory of her husband.
The learned trial Judge while sifting the relevant materials on record referred to the principles laid down by this Court in the case of Bachan Singh vs. State of Punjab AIR 1980 SC 898, Machhi Singh Ors.
Lalita, mother of the deceased and that statement was treated as the FIR of the case.
Injury number3 and 4 pattern bruises are probably as a result of impact of some object of the shape described in the injuries.
The question for determination is whether, on the facts and in the circumstances appearing from the materials on record the trial Court and the High Court were right in imposing death sentence against the appellant.
PW 13, Dr.K.Goel, who performed the post mortem examination opined that the incident took place on 10.4.1995 around 7.45 p.m. The learned trial Judge on appreciation of the evidence in the case in the light of settled principles for judging a case based on circumstantial evidence, held that the prosecution has succeeded in establishing the guilt of the accused and accordingly companyvicted him under Sections 302 and 376 IPC.
The appellant was residing in the same house in a room adjacent to the room of Bindu Shah.
A search for Ritu was made by Smt.
Blood sample, vaginal swab, rectal swab, swam from surrounding area of genitalia and swab from injury sides are preserved sealed and handed over to the police.
Bindu Shah took Ritu to Surya Hospital where she was declared brought dead at 8.15 p.m. Bindu Shah along with his wife returned to the place of occurrence with the dead body of Ritu.
PW 10 and PW 15 saw the accused taking Ritu to his room.
The police officers were told by the persons at the spot that the appellant had raped and killed Ritu.
Lalita, the accused handed over the body of Ritu to her and when she made injuries about the companydition of the girl, the accused told her to go away otherwise she would also meet the same fate and that Police companyld number do anything against him.
Lalita PW 2 and two daughters Soni and Ritu used to reside in House No.5416/6, Gali No.4, Shakti Gali, Amar Mohalla, Raghupura, Gandhi Nagar.
apart with thejr companycavity facing each other over Rt.
Lalita found the room of the appellant half open and on peeping into it saw Ritu lying on the floor and the appellant present in the room.
At that time the mother found that Ritu was without undergarment kaccha and was wearing a frock.
Thus the matter to be companysidered in the case relates to sentence only.
Several persons companylected at the place of occurrence and held the accused.
No.5/97 and Crl.
However, Smt.
Thereafter Smt.
PW 16 SI Magan Singh arrived at the place of occurrence and found the accused in the custody of some persons outside the room and that the persons were shouting that the accused had raped Ritu inside his own room and had killed her.
Uterus empty and NAD.
Appeal No.305/97 companyfirming sentence of death passed against him by the Additional Sessions Judge, Shahdara, Delhi.
Lalita sent her elder daughter Soni to fetch her brother Vidya Nand Sagar, PW7.
On 10 4 95 at about 7.30 p.m. when Bindu Shah was in his factory, Smt.
Bindu Shah was running a tailoring factory near his house.
Cause of death is haemorrhagic shock companysequent to liver injury.
On query made by Smt.
Injuries to genitalia are caused during sexual assault.
He companytrolled the scene and took the accused in his custody.
On companypletion of the investigation the charge sheet was submitted against the appellant of having companymitted the offences of murder and rape punishable under Sections 302/376 of the Indian Penal Code.
The facts of the case relevant for the determination of the question may be stated thus The appellant Mohd.
Lalita did number find Ritu in the house.
SHO N.S.Khan took the investigation.
Regarding the sentence the companyrt companysidered the relevant aspects of the case like the appellant being a neighbour of the family of the deceased that during the temporary absence of the mother of the child deceased from the house had taken over her deceased to his room where he companymitted the barbaric act of rape on the innocent child aged one and half years and in the process of companymitting rape inflicted injuries on her liver which resulted in death of the child.
The case against the appellant was based on circumstantial evidence only.
On her query about the companydition of Ritu the appellant told her to go away silently otherwise she would also meet the same fate and the Police companyld do numberhing against him.
He also observed that private parts of the deceased were swollen.
Injury to the liver is caused by application of blunt forch and is sufficient to cause death in ordinary companyrse of nature.
Chaman was aged thirty years at the time of the incident and the victim girl Kumari Ritu deceased was aged one and half years then.
The circumstances which have emerged from testimony of the relevant witnesses, like, PWs 2, 3, 4, 7, 10, 15, 19 and PW 20 are the following 1.
He took the accused in custody and sent him to the police station with police escort for safety.
c two small abrasion marks at periphery each about 3 mm.
He numbericed that there were teeth bite marks on the breast, neck, abdomen and thighs of the deceased.
In the meantime some people who had companylected at the place of occurrence, kept the appellant under close guard till sub inspector Magan Singh PW 16 of Gandhi Nagar Police Station reached the spot and took companytrol of the situation.
The High Court on assessing the evidence on record held that the trial Court rightly companyvicted the accused of rape and murder of Kumari Ritu.
Time since death is about 19 hours.
Both are present over Rt.
Lalita took Ritu to her husband Bindu Shah, who was working in his tailoring factory.
Vidya Nand Sagar accompanied by Shankar PW 15 reached the house of Smt.
Soon thereafter SHO, S.Khan PW 20 arrived at the scene of occurrence on receiving information about the incident.
Ex PW 3/A, post mortem report was prepared by Dr.K.Goel PW 3 , who found the following external and internal injuries on the body of Ritu External 1.
When at 7.45 p.m. on that very date Smt.
On her return Smt.
These marks are 3.5 cm.
Pelvis Intact.
On seeing Smt.
Lalita, PW 2 left her two daughters, namely, Soni and Ritu in the care of a neighbour and went out for marketing.
Diameter c central pale area c dimensions 5.5 cm.
Bindu Shah, took Ritu to a neighbouring Doctor, who told him to take her to a hospital.
Lalita and Vidya Nand Sagar in the vicinity.
He recorded the statement of Smt.
The answer to this question depends on the finding whether the case can be classified as a rarest of rare cases for imposition of the maximum penalty of death.
Injury number1 is love bite marks.
Lalita, the appellant picked up Ritu from the floor in her unconscious state and handed her over to Smt.
Then Ritu was taken to Surya Hospital where she was declared brought dead by the doctor.
OPINION All injuries were ante mortem in nature.
Lalita and made some search for Ritu but did number find her.
Vidya Nand Sagar, PW 7 remained standing near the door of the room of the accused, who remained in his room.
an another same bruise of same width overlapping lower point of previous one having dimensions about 5 x 4 cm.
Teeth bite marks in the form of two linear, semi linear marks with intermittently placed abrasions.
Side of abdomen at upper part.
LITTTTTTJ P. Mohapatra, J. Mohd.
Size at 4 5 O clock position.
The parents took Ritu to a doctor who advised them to take her immediately to a hospital.
This companyrt, by the order dated 22.1.99 granted leave companyfined to the question of sentence and further directed execution of death sentence be stayed during pendency of the appeal.
Bindu Shah PW 4 , father of the deceased along with his wife Smt.
She observed several bleeding teeth bite marks on the cheek and other parts of the body of Ritu.
Small abrasions with bruising in the vaginal wall at 4, 5 and 6 Oclock positions.
With central pale area with dimensions 4.5 x 4 cm.
Cheek near Rt.
angle of mouth.
She made a search in the locality nearby and sent her elder daughter to call her brother Vidya Nand Sagar PW 7 .
x 4.5 cm.
Chaman, the accused in Sessions Case No.134 of 1996 State Vs.
Lalita returned, she found Ritu missing.
PW 20, N.S.Khan, SHO of the police station and the IO of this case, on receiving information about this case, reached the place of occurrence at 9.35 p.m. on that very day and found a large crowd having gathered there and shouting that the accused present there had companymitted rape and murder of Ritu.
Lalita peeped into the room of the accused and found Ritu lying on the floor and the accused present there.
Chaman has filed these appeals by special leave challenging the judgment passed by the High Court of Delhi in Murder Ref.
