JUDGMENT 1. - This is an appeal by accused-appellant Hem singh directed against the Judgment of the learned Addl. Sessions Judge, Ajmer dated 10th September, 1980, convicting the accused under sections 302, 307, and 379, IPC and awarding the sentence of imprisonment for life and a fine of Rs. 100/ under Section 302, IPC and, sentence of 7 years rigorous imprisonment and a fine of Rs. 100/-and in default of payment of fine to further undergo rigorous imprisonment for three months under Section 307, IPC and, to a sentence of six month's rigorous imprisonment under Section 379, IPC. 2. Shortly stated, the prosecution story is that on 14th Febuary, 1980, the accused intentionally threw PW/2 Devi and another girl in a well on account of which Shanti died and, PW/2 Devi was saved and brought out from the well by the villagers. Devi incidently took shell hole inside the wall of the well and; she raised a hue and cry and witnesses Narain singh, Kishan singh and Dhana singh reached the spot. Dhana singh went inside the well and brought out Davi from there and thereafter the dead body of Shanti was taken out from the well with the help of iron-chtcher (halal). The case of the prosecution further is that before throwing Devi inside the well accused had taken out a silver hasali from the neck of Devi. A report of the incident was lodged vide Ex. P/4 by the villagers at the Police Station, on the basis of which a First Information Report was recorded. The Sub-Inspector Police along with other members of the police party reached the spot. In the night, due to darkness, the other proceedings of investigation were conducted on the next day. The report of the incident was lodged at the police station at 6.15 p.m. on the same day. The distance of the police station from the place of incident is 11 kilo-meters and the incident is alleged to have taken place at about 10.30 a.m. 3. Dr. Kailash Chandra Mathur (PW/1) had examined the injuries of Devi on 15th February, 1980, and, he found the following injuries on her persons: 1. Abrasion 2" x 1" on left side of the neck. 2. Abrasion 1' x 1/2" on forehead middle part. 3. Lacerated wound 1" x 1/2" and another lacerated wound 1/2" x 1/2" on left maxillary surface. 4. Abrasion 2" x 1" on left side of the neck. 2. Abrasion 1' x 1/2" on forehead middle part. 3. Lacerated wound 1" x 1/2" and another lacerated wound 1/2" x 1/2" on left maxillary surface. 4. Abrasion 1/2" x 1/4" on right eye. 5. Abrasion 1/2" x 1/2" on back of the vertibral column. He submitted his report Ex. P/I after examination of the injuries of Devi. Dr. Kailash Chandra also conducted autopsy on the dead body of Shanti on 15th February, 1980. He stated that the body of deceased Shanti was externally examined by him. The skin of her body was corrugated and decomposed and bleached. The Post-mortem lividity was present on the dependent parts. Her pupils were dilated. Dr. Mathur further stated that on opening the body of Shanti deceased he found that the wall, ribs and cartilages were corrugated. The pleurae were congested. Larynx and trachea contained white froth, mucus memberance is red and congested. Lungs were distended like a baloon, oedamatus and spungy to feel, the lungs were of pale grey colour. Her pericardium was congested. Left side of her heart was empty and the right side contained fully fluid. Veins were goged with dark blood. Mr. Mathur stated that on opening the abdomen he found that the abdomen walls were corrugated and lividity was present. Her peritoneum was congested. Her tongue was swollen and protruded. White foam was coming from mouth and nostrils. Her stomach contained water and mud. Her small intestines contained water. Liver was goged with dark blood. Her spleen was congested and dark in colour. Her kidneys were congested and her bladder was also congested and full. The Doctor has further stated that on conducting the post mortem examination, he came to the conclusion that the cause of death of Shanti was drowning due to asphyxia. He stated that Ex.P/3 is in this own hand-writing and bears his signatures. 4. The accused was arrested on 15th February, 1980 itself and at his instance and on the information given by him under Section 27 of the Evidence Act, the silver hasali taken out from the neck of Devi was recovered from the shop of Sohan Lal Saraf of Beawar on 18th February, 1980. The identification proceedings of silver hasali were also conducted. The police thereafter filed a charge-sheet in the Court of Addl. The identification proceedings of silver hasali were also conducted. The police thereafter filed a charge-sheet in the Court of Addl. Munsiff & Judicial Magistrate, Beawar who committed the case for trial to the court of Session. 5. The accused denied the charges and claimed to be tried. 6. The prosecution in support of its case examined 18 witnesses. The accused in his examination under Section 313, Cr.PC denied to have any connection with the crime. He, however, did not lead any evidence in defence. The learned Addl. Sessions Judge who tried the case believed the prosecution case and convicted and sentenced the accused in the manner indicated above. 7. Mr. Chowdhary, learned counsel for the accused-appellant, contended that there was no motive for committing the crime and, in any case, it was highly improbable that the accused could have thrown two persons in the well without inflicting any injury on them before throwing them into the well. It was also submitted that the evidence of the girl Devi (PW/2) should not be believed as she is a child witness. It was also submitted that the First Information Report had reached the Magistrate concerned on 18th February, 1980 after a long delay and, as such, no reliance can be placed on such FIR. Mr. Chowdhary also submitted that in the alternative even if the prosecution story of throwing Shanti into the well is believed, even then the accused should not be held guilty for the offence under Section 302, IPC. It is submitted that even if Shanti was thrown into the well, it could not be presumed that the accused had any intention to kill her as the other girl Devi who was also thrown into the well was saved. 8. On the other hand, the learned Public Prosecutor submitted that the case is proved to the hilt against the accused and he supported the judgment of the trial Court. 9. We have given our careful consideration to the arguments advanced by the learned counsel for the defence and have thoroughly perused the record. In this case, the allegation against the accused is that he had thrown Shanti and Devi into the well. There can be no manner of doubt that Shanti died on account of drowning in the well. The evidence of Dr. Kailash Chandra Mathur (PW 1) as already extracted above. In this case, the allegation against the accused is that he had thrown Shanti and Devi into the well. There can be no manner of doubt that Shanti died on account of drowning in the well. The evidence of Dr. Kailash Chandra Mathur (PW 1) as already extracted above. clearly goes to show that the death of Shanti was drowning due to asphyxia. The autopsy on the dead body of Shanti was conducted on 15th February, 1980 at about 11 a.m. and the Doctor has given his opinion that her death had taken place 18 to 24 hours before the post mortem examination. Even the learned counsel for the defence did not challenge the above fact and did not advance any argument in this regard before us. Devi was also clinically examined by Dr. Kailash Chandra Mathur and five injuries, as mentioned above, were found on her body. All those injuries were simple and were caused by blunt weapon. These injuries were examined by Dr. Mathur on 15th February, 1980 and the duration of the injuries has been stated to be 18 to 24 hours from the date of examination. There is a direct evidence of PW 2 Devi who has clearly stated that about 4 months ago at 10 a.m. she along with Shanti had gone towards Utadon-ki-nadi for fetching fuel-wood. When they were going to fetch fuel-wood, then the accused, Hem Singh, was sitting near the well and called them telling that he would like to drink water and as such asked them to bring their ropes. Thereafter Devi stated she along with Shanti went towards the accused, Hem Singh. They gave their ropes to the accused which they had brought for tying the fuel-wool The witness, Devi, further stated that the accused then threw Shanti into the well.On seeing this, she tried to run away, but the accused caught hold of her and tried to twist her neck. Thereafter the accused took out the silver hasali from her nack and, also, threw her into the well where he had thrown Shanti. At that time, there was no other person near the well except the accused. There was water in the well. She tried to save herself and took shelter in a hole inside the wall of the well. Thereafter she raised a hue and cry. After an hour Deva, Naru and Dhanna came to her rescue. At that time, there was no other person near the well except the accused. There was water in the well. She tried to save herself and took shelter in a hole inside the wall of the well. Thereafter she raised a hue and cry. After an hour Deva, Naru and Dhanna came to her rescue. Then Dhanna Singh came inside the well and tied her with a cloth and took her out from the well. Though, a lengthy cross examination has been done, but nothing has been brought out so as to create any doubt on the veracity of Devi. She is aged 14 years and fully understands what she has stated in the Court and, we do not find any force in the submission of the learned counsel for the defence that her testimony should be discarded on the ground that she was a child witness. There is nothing in her cross-examination to show that she had any reason to falsely implicate the accused. The prosecution witnesses PW 2 Ram Singh, PW 4 Dhanna Singh, PW 5 Roop Singh PW 6 Madhu Singh PW 7 Devi Singh son of Karma Singh, PW 8 Devi Singh son of Ladu Singh and PW 9 Bhoor Singh corroborated the prosecution case in all essential particulars that Devi was taken out of the well alone and thereafter she narrated the facts to them that the accused had thrown her and Shanti into the well. PW 4 Dhanna Singh has stated that he had gone inside the well and had brought out Devi from the well. He also stated that Devi had told that the accused, Hem Singh, had thrown her as well as the daughter of Hazari into the well. He also stated that Devi had also told that the accused, Hem Singh, had taken out the silver hasali from the neck and thereafter thrown her into the well. 10. The prosecution has also examined PW 12 Rikhas Raj Bhansali, Munsiff & Judicial Magistrate, Beawar who has stated that he conducted the identification proceedings of silver hasali, which was produced before him by the police officer in a sealed condition. He prepared the identification memos Ex. P 12 and Ex. P 13. 11. PW 13 Sohan Lal has stated that he was working at Beawar in the firm. He prepared the identification memos Ex. P 12 and Ex. P 13. 11. PW 13 Sohan Lal has stated that he was working at Beawar in the firm. On Fagun Badi 13 S.Y. 2026, accused Hem Singh had come on the shop at about 3-4 p.m. He had pledged hasali, Article 10 and had taken Rs. 300/- on such pledge. The corresponding date is 14th February, 1980, which is the date of the incident. He has also proved the relevant entries in Ex. P 14 made in the bahi and which also contains the thumb impression of accused Hem Singh. Thus, in view of the above evidence, it is proved beyond any manner of doubt that the accused had thrown Shanti and Devi in the well on 14th February, 1980 and had also taken away the silver hasali from the neck of Devi. 12. We find no force in the contention of the learned counsel for the defence that there was delay in sending the FIR to the Magistrate on I 18th February, 1980. On 15th and 17th February, 1980 there were Govt. I holidays and if the FIR was produced by the PSI on 18th February, 1980, I the delay is satisfactorily explained. 13. We also find no force in the contention of the learned counsel for the defence that the accused has not committed an offence punishable under Section 302, IPC. The age of Shanti is 10 years and, if she was thrown I into the well deliberately by the accused which resulted into her death by asphyxia, a case under Section 302, IPC is clearly made out. The accused has also been rightly convicted under Section 307, IPC for throwing Devi into the well. The silver hasali has been clearly proved to be belonging to Devi and was pledged by the accused on 14th February, 1980 itself to PW 13 Sohan Lal, which also proves an offence under Section 379, IPC against the accused. 14. In view of the above circumstances, we find no force in this appeal and it is accordingly dismissed.Appeal dismissed. *******