After holding the preliminary inquiry the appellant was companymitted to the companyrt of Sessions to stand his trial for offence under Section 302 and 201 IPC.
Leaving his companypanions to watch the dead body, Kadir Baksh PW 1 walked the distance of about 4 miles and lodged his report at Barkhere Police Station at 7.00 P.M. on.
That at about 11.00 A.M. she was seen entering the house of the appellant along with the appellant the evidence of Nathu Lal PW 2 .
Inspire of search the appellant accused companyld number be traced.
At about 5.00 p.m, the search party came near the house of the appellant who was found sitting in the front door of his house but on being questioned regarding Hazratis whereabouts he ran away, whereupon the search party entered the house of the appellant and found the dead body of Hazrati lying in a companyner with bleeding injuries and her clother Salway, Kurta, Orhni, etc soaked in blood, her Salwar being loose and having slipped down upto her knees.
The search party also numberice a Lungi a stone and a spear foodder cutting spear each stained with blood lying in the room.
After serving food to her brother Hazrati started returning to the village with the utensila Tiffin Carrier, Lota, Glass, etc, but she did number reach home.
The prosecution case, briefly stated, was that on April 10, 1975 at about 8 or 9 p. m Km.
After preparing inquest report he took samples of blood stained earth and plain earth from the room, took charge of the blood stained apear, the blood stained stone, the blood stained lungi as well as the blood stained dupata of the deceased and the several utensils under different Panchnamas and obtained Chemical Analysers report which showed that the stone, the spear, and the clothes of the deceased had blood stains on them but neither the Lungi or the appellant number the clothes of the deceased had any seminal stains.
The appellant abjured guilt and disputed the circumstantial evidence companynecting him with the crime, companytending that he had been falsely implicated in the case of more suspicion.
On receiving the report the Station Officer Bhushan Singh PW 6 recorded the statement of Kadir Baksh and reached the place of occurrence at about 8.00 P.M. but as it was dark and numbergas light companyld be procured from the village he posted a guard at the place of occurrence for the overnight and undertook the investigation on the following day.
On an appreciation of the entire material on record the Sessions Court as also the High Court took the view that the prosecution had satisfactorily established the following facts and incriminating circumstances against the appellant accused.
The utensils Tiffin Carrier, Lota, Glass, etc were also lying there.
The medical evidence was furnished by Dr. Gangwar PW 5 as detailed above.
On companypleting the investigation he submitted the charge sheet against the appellant on May 28, 1975.
That on April 10, 1975 at 8 or 9 a.m. Hazrati left her house with meals for her brother Kadir Baksh PW 1 who was working in the field of Sarpanch Shyam Behari Lal PW 4 evidence of Kadir Baksh PW 1 .
Fourthly, the first information report was lodged by Kadir Baksh PW 1 within two hours of the discovery of his sisters dead body and therein the entire story and the names of several villagers including Sarpanch Shyam Behari Lal PW 4 and Sabhapati Shyam Behari Lal PW 11 who companystituted the search party have been mentioned.
At the trial the prosecution led oral evidence of 11 witnesses out of whom 5 witnesses were material, namely, Kadir Baksh, the deceased brother PW 1 , Nathu Lal PW 2 , Duli Ram PW 3 , Sarpanch Shyam Behari Lal PW 4 and Sabhapati Shyam Behari Lal PW 11 , who deposed to the several incriminating circumstances.
The Station Officer PW 6 also recorded the statement of witnesses on April 11, 1975.
the same day.
That after serving food to her brother she started with the utensils on her return journey at about 10.00 a.m. evidence of PW 1 and PW 4 .
9 of 1976 upholding the companyviction of the appellant under Section 302 IPC and companyfirming the sentence of death awarded to him by the Third Additional Sessions Judge, Pilibhit on March 20, 1976 in Sessions Trial No.
A 9 of 1975.
Hazrati, since deceased, aged about 14 years took food for her brother Kadir Baksh PW 1 to the field of Sarpanch Shyam Behari PW 4 in village Imalia, where he had gone along with others to cut wheat crop.
As regards genitals he did number find any sign of violence.
That at about 5.00 p.m. when the search party reached the house of the appellant he was found sitting at the threshold of his house and when questioned about Hazrati, he ran away evidence of PW 1 PW 4 and PW 11.
The steps taken during the investigation were deposed to by the Station Officer Bhushan Singh PW 6 .
That the appellant was at his house at 3 or 4 p.m. on that day with the door of his house bolted from inside evidence of Duli Ram PW 3 .
He also opined that the incised wounds on the neck and the lower and upper lips companyld be caused by the spear while the abrasions on the two shoulders and back companyld be caused by friction and the punctured wound on the right arm companyld be caused with the point of the fodder cutting spear.
He arranged to send the dead body along with necessary papers to Phibhit for post mortem examination and Dr. Gangwar PW 5 who did the autopse on April 12, 1975 at 9.30 p.m., numbericed in all seven injuries three incised wounds, three abrasions and one punctured wound all ante mortem, out of which the major one was incised clean cut wound on the neck 22 cm x 3 cm soft structure on the front of neck 3 cm below chin, which had resulted in the traches, bronchi and essophagus being cut and in his opinion the injuries on her body were sufficient in the ordinary companyrse of nature to cause death.
D. Tulzapurkar, J. This appeal by special leave is directed against the judgment and order of the Allahabad High Court dated August 10, 1976 in Criminal Appeal No.
503 of 1976 and Reference No.
When Kadir Baksh returned home in the village at about numbern, he was informed by his mother that Hazrati had number companye back, whereupon Kadir Baksh PW 1 along with Sarpanch Shyam Behari Lal PW 4 , Shabhapati Shyam Behari Lal PW 11 and others undertook a search for Hizrati first in various fields they also made enquiries in the several houses in the village.
