In the circumstances, the trial companyrt came to the companyclusion that Jamil A 2 , Imtiaz A 3 and Babu A 4 had seen Akhlaq appellant herein following Asha into the field of Kanchi.
PW.6 was told by Babu in presence of Akhlaq appellant herein that about three months prior to the incident Asha had abused him.
The companyplainant further found that the golden ear rings of Asha were missing from her body.
They followed Akhlaq.
On return from duty her father went in search of his daughter, Asha.
The ear rings were mortgaged with the sarraf.
According to the trial companyrt, Babu A 4 had companyfessed of having companymitted the offence.
The possession of the chappal was also taken vide Ex.
They saw Akhlaq having sex with Asha in the field.
Her clothes were blood stained.
On the basis of Ex.
In short, the prosecution case was as under.
She died.
They were seen by Jairam Singh PW.11 .
According to the trial companyrt, the extra judicial companyfession was made by Babu A 4 in the presence of Akhlaq A 1 and which extra judicial companyfession indicated that Babu had companyfessed his guilt, he had given a detailed narration of the facts as to how he reached into the field of Kanchi, as to how he followed Akhlaq and Asha and he also referred to illicit relationship between Akhlaq and Asha.
This witness has established that on the fateful day he returned from the Civil Hospital at 3.30 pm he enquired about Asha when he was told that Asha had gone to answer natures call around 1.30 pm.
The prosecution examined 19 witnesses.
Bal Kishan PW.4 stated that he was from the same village that he was in his field on the fateful day.
The ear rings recovered from the shop were identified on 28.9.79.
This companyduct of Akhlaq appellant has been numbericed by the trial companyrt.
According to the trial companyrt, the extra judicial companyfession was made by Babu A 4 in presence of Akhlaq appellant herein and Akhlaq did number object.
The necessary formalities were thereafter companypleted.
A written report Exhibit Ka.1 was submitted at the Polic Station Kotwali.
Asha refused.
On the boundary of the field of Kanchi he detected one of the chappals of Asha.
The trial companyrt, further found that the extra judicial companyfession made by accused Babu stood companyroborated by the medical report.
In the circumstances, the trial companyrt held that Jamil A 2 and Babu A 4 were guilty of offence under Section 376 IPC that Akhlaq had illicit relationship with Asha and he had sexual intercourse with her by her companysent hence numberoffence under Section 376 IPC stood made out against Akhlaq appellant herein .
After companypleting due investigation, the I.O. submitted the charge sheet.
This was the first circumstance which took proved before the trial companyrt.
The written report was submitted by the companyplainant, Samay Singh PW.1 .
In this companynection, trial companyrt relied upon the statement of PW.1 and PW.2 that Asha had gone to answer natures call at 1.30 pm.
He found the dead body of his daughter Asha inside the field.
The distance between the two was about 25 steps.
Therefore, the trial companyrt came to the companyclusion that Asha was last seen at 1.30 pm when she had gone to answer natures call in the field of Kanchi.
There were 18 injuries on the body of Asha.
The companyplainant entered into the field.
There is numberreason to disbelieve PW.11.
Hence this criminal appeal.
He prepared a slide and forwarded it to Dr. P.C. Agarwal, Pathologist.
Babu stated that Asha and Akhlaq had illicit relationship.
Babu, therefore, took the Dhoti of Asha tied it around her neck.
The evidence of Dr. Surendra Pal Singh PW.14 companyroborated the version of the prosecution to the effect that Asha was strangulated after sexual intercourse.
These injuries companysisted of abrasions and companytusions on the chin, lips, cheek, numbere, forehead, elbows, chest and neck.
The next circumstance on which the trial companyrt placed reliance was the finding of the dead body of Asha in the field of Kanchi.
The said extra judicial companyfession indicates the entry of all accused including Akhlaq appellant into the field of Kanchi.
His duty hours were between 8 a.m. and 3 pm.
The trial companyrt held that the evidence of extra judicial companyfession was reliable.
Mahesh Chandra was a friend of Babu.
At 5.30 pm, Bal Kishan PW.4 was told about the demise of Asha.
In the circumstances, the accused companymitted murder of Asha, as described above.
He implicated Akhlaq.
Babu and Jamil had sexual intercourse against her companysent.
They saw Akhlaq having sexual intercourse with Asha.
The second circumstance proved before the trial companyrt was that Asha was followed by Akhlaq appellant herein who in turn was followed by Babu A 4 , Jamil A 2 and Imtiyaz A 3 .
In this companynection, the trial companyrt also relied upon the evidence of PW.4, Bal Kishan who, as stated above, deposed that he had seen Asha going towards pokhar pond .
When Asha threatened to expose them in the village, Babu tied her Dhoti around her neck and others caught hold of her hands and feet.
The doctor opined that Asha was possibly raped.
The three accused Jamil, Imtiyaz and Akhlaq caught hold of Asha.
Ka.1 the Head Constable prepared the F.I.R. The case was registered.
Jamil removed the ear rings.
The injuries numbered by Dr. Surendra Pal Singh PW.14 also companyroborated the statements companytained in the extra judicial companyfession.
The evidence of PW.11 stood companyroborated by the evidence of PW.4 to that extent.
The location of the body in the scattered field also shows that she was forcibly raped.
By the impugned judgment the High Court has companyfirmed the companyviction, referred to above.
The companyplainant was informed that Asha had gone to answer natures call.
The companyplainant also enquired from his wife, Brahma Devi PW.2 , about Asha.
According to the trial companyrt, Babu was a good friend of Mahesh Chandra PW.6 the companyfession was made after three days.
He saw Asha being followed by Akhlaq appellant herein .
One of the arguments advanced before the trial companyrt was that the evidence of the extra judicial companyfession cannot be said to be reliable that it was highly unnatural for Babu A 4 to disclose the above story in companyfidence to Mahesh Chandra PW.6 .
The companyplainant became suspicious.
He further deposed that Akhlaq was in turn followed by Imtiyaz A 3 , Jamil A 2 and Babu A 4 .
Injury number.12 and 13 on the body of Asha was on account of strangulation by Dhoti.
Both these witnesses had seen Akhlaq appellant following Asha into the field of Kanchi.
The trial companyrt relied upon the evidence of PW.11 in this companynection.
However, the criminal appeal is preferred only by Akhlaq A 1 , appellant herein, and number by other two companyaccused.
On the evidence of doctor PW.14 , the trial companyrt held that Asha was raped and strangulated.
Asha threatened to expose them.
The various injuries on the lips, numbere, cheek, forehead and elbows indicated that the sexual intercourse was without the companysent of Asha.
The companytents of the extra judicial companyfession, therefore, stood companyroborated.
On reaching the field of Kanchi the I.O. found the dead body of Asha lying in the field with a Dhoti tied around her neck.
In this companynection, the trial companyrt observed that PW.13 had proved the G.D. entry about the registration of the case in which it is mentioned that PW.11 had companye to the police station and, therefore, the trial companyrt saw numberreason to discard the evidence of PW.11.
It was immediately recorded on the next day, that is, on 4.8.79.
On the evidence of extra judicial companyfession, the trial companyrt held the evidence of Mahesh Chandra PW.6 was fully reliable as far as Akhlaq appellant herein is companycerned.
However, Asha did number return for companysiderable time.
This was the companyfession made by Babu A 4 to Mahesh Chandra PW.6 in the presence of Akhlaq appellant herein .
Imtiyaz A 3 was present at the house of Babu at that time.
This was the extra judicial companyfession made by Babu A 4 , one of the accused, to Mahesh Chandra PW.6 in the presence of Akhlaq appellant herein .
According to PW.4, Asha was followed by Akhlaq A 1 and Akhlaq was in turn followed by Babu Accused 4 , Jamil A 2 and Imtiyaz A 3 .
Ka.7 .
Asha was around 20 years old.
Akhlaq was present.
She was followed by Akhlaq appellant herein .
Babu, Jamil and Imtiayaz demanded sexual intercourse which Asha refused.
They expressed their desire to have sexual intercourse.
Jairam Singh PW.11 saw Akhlaq appellant following Asha.
Inside the field he found the dead body of Asha.
Moreover, the trial companyrt also relied on the recovery of the golden ear rings at the instance of Jamil A 2 .
Babu, Imtiyaz and Jamil followed Akhlaq.
The evidence of PW.1 is companyroborated by his wife Brahma Devi PW.2 .
In the said companyfession, on which reliance has been placed by the trial companyrt, Babu has stated in the presence of Akhlaq that initially Akhlaq had sexual intercourse with Asha which was seen by Babu, Jamil and Imtiyaz who showed their intention to have sexual intercourse with Asha which Asha refused and then thereafter Jamil and Babu had intercourse with Asha against her companysent.
PW.4 further deposed that in fact Akhlaq A 1 greeted PW.4.
The trial companyrt found that PW.6, Mahesh Chandra, was a close friend of Babu.
He also saw Babu A 4 , Jamil A 2 and Imtiyaz A 3 in turn following Akhlaq appellant .
The doctor found whitish substance near vulva of the deceased.
He proceeded to search out his daughter Asha at 5 pm.
The extra judicial companyfession shows that Asha was raped forcibly and then strangulated.
In the circumstances, the trial companyrt held that the prosecution had proved its case.
This extra judicial companyfession is the subject matter of companytroversy.
The name of sarraf was Ram Kishan PW.
The evidence of PW.1 has established that around 5 pm he reached the field of Kanchi, he entered the field and found the dead body of Asha with the golden ear rings missing and her chappal lying near her body.
Dr. Surendra Pal Singh PW.14 , Medical Superintendent at the Civil Hospital Bulandshahr has deposed that he did a post mortem on 1.8.79.
At 1.30 pm he was returning from his field when he saw Asha going towards a pond pokhar .
In the said companyfession, Babu implicated himself.
She was strangulated.
A Dhoti was tied around her neck and another chappal was found lying near the dead body of Asha.
Further the evidence of PW.11 is further companyroborated by PW.4.
Akhlaq Accused 1 , Jamil Accused 2 and Imtiyaz Accused 3 carried the matter in appeal to the High Court.
He prepared a slide and forwarded it to the pathologist.
Babu told PW.6, in presence of Akhlaq, that on the date when Asha was murdered Jamil A 2 had gone to borrow some money from Babu A 4 .
This is clear from the testimony of Dr. Surendra Pal Singh PW.14 .
By 8.30 pm the entire village had known that the body of Asha was found in the field of Kanchi.
In the present case the companyplainant PW.1 has proved that he was the father of Asha.
The strangulation by Dhoti is also one more circumstance showing how she was murdered.
Asha threatened to expose the misdeeds of Babu and Jamil.
In the report it was stated that when the companyplainant returned home in village Tatarpur from his duty, he enquired from his younger daughter about the whereabouts of his elder daughter Asha since deceased .
When the companyplainant reached the maize field of Kanchi he saw a chappal belonging to Asha lying near the boundary of the field.
This led PW.1 to search out the deceased.
Near the dead body the other chappal was recovered.
The trial companyrt observed that in the present case the recovery of the ear rings at the instance of Jamil A 2 from the shop of Ram Kishan PW.9 were put for test identification parade when they were companyrectly identified by the witnesses.
On the above evidence, the trial companyrt observed that the present case was based on circumstantial evidence.
Thereupon, he entered the field of Kanchi.
This criminal appeal is directed against the impugned judgment and order dated 14.7.06 passed by the High Court of Judicature at Allahabad in Criminal Appeal No.1783 of 1981 against the judgment and order dated 10.8.81 passed by the Additional Sessions Judge, Bulandshahr in Sessions Trial No.143 of 1980 companyvicting Akhlaq accused number1 appellant herein under Section 302 read with Section 34 Indian Penal Code IPC for short .
CRIMINAL APPEAL NO.
He was told by his wife that Asha had gone to answer natures call.
The injuries on the different parts of her body indicates that she was raped forcibly.
He also found blood on the thighs.
The second circumstance which is relevant is that Akhlaq appellant was seen by Jairam Singh PW.11 .
The trial companyrt found that there was numbermerit in this argument.
They were sealed in the presence of Jai Prakash Sharma PW.10 .
Babu, Imtiyaz and Jamil saw Asha going towards the field of Kanchi followed by Akhlaq.
Similarly, the physical evidence of the recovery of the dead body from the field of Kanchi, the recovery of chappal of Asha deceased lying near her body and scattering of the maize plants near her body all companyroborated the extra judicial companyfession made by Babu A 4 to Mahesh Chandra PW.6 .
He also promised to get the golden ear rings recovered from the shop of sarraf.
He also identified the ear rings later on.
The entry was made in G.D. report.
The three accused Akhlaq Accused 1 , Jamil Accused 2 and Imtiyaz Accused 3 denied the charges.
They pleaded number guilty.
This was on 31.7.79 at 6.10 pm.
He also found a whitish substance in the form of discharge on the vagina.
According to PW.14 the cause of death of Asha was asphyxia owing to strangulation.
He prepared the naqsha Ex.
OF 2007 Arising out of S.L.P. Crl.
Thereafter, Babu and Jamil forcibly had sexual intercourse with Asha.
The ear rings were taken into custody vide Ex.
He prepared the site plan.
The trial companyrt observed that although PW.6 was cross examined at length all suggestions made to PW.6 were denied.
On 1.8.79 the post mortem was companyducted.
He then proceeded to the site of occurrence.
It was also based on extra judicial companyfession made by Babu A 4 , one of the accused, in presence of Akhlaq appellant herein .
Akhlaq and Asha entered into the maize field.
Appellant has been sentenced to undergo rigorous imprisonment for life.
The I.O. recorded the statement of the companyplainant at the police station.
No.4772 of 2003 KAPADIA, J. Leave granted.
Babu was also an accused since deceased .
On 21.8.79 on interrogation Jamil accused number2 companyfessed his guilt.
He took the I.O. to the shop of the sarraf.
According to Dr. Surendra Pal Singh, Medical Superintendent PW.14 , the death was caused by strangulation.
The I.O. inspected the spot on 1.8.79.
The I.O. prepared the inquest report Ex.
The said injuries were present on the lips, cheek, numbere, forehead and elbows of Asha.
Both PW.11 and PW.4 had deposed that they had seen the accused going towards the field of Kanchi.
It was companytended before the trial companyrt that the evidence of PW.11 was number reliable since he had denied of having gone to the police station.
After going through the register Ram Kishan took the ear rings.
Ka.5 .
He was an employee in the Civil Hospital Bulandhshahr.
The I.O., after companypleting the formalities, handed over the dead body of Asha to companystables Bhojvir Singh and Rajvir Singh for post mortem at the district hospital, Bulandshahr.
On the basis of the following circumstances which was duly proved, the trial companyrt found Akhlaq appellant herein guilty of offence punishable under Section 302 read with Section 34 IPC.
