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2019 DIGILAW 2480 (ALL)

Kalwa v. State Of U. P.

2019-11-05

BALA KRISHNA NARAYANA, PRADEEP KUMAR SRIVASTAVA

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JUDGMENT : Bala Krishna Narayana, J. Heard Sri C.L. Chaudhary, learned Amicus curiae for the appellant and Sri Arun Kumar Singh, learned A.G.A. for the State. 2. This appeal has been preferred by the appellant Kalwa against the judgment and order dated 22.4.2003 passed by Additional Sessions Judge, F.T.C.-2, Muzaffarnagar, by which the appellant has been convicted and sentenced to imprisonment for life and a fine of Rs. 3,000/- and in case of default in payment of fine, three months additional simple imprisonment u/s 302 I.P.C. and seven years rigorous imprisonment and a fine of Rs. 2,000/- and in case of default in payment of fine, two months additional simple imprisonment u/s 376 r/w 511 I.P.C. All the sentences were directed to run concurrently. 3. The facts of this case are that P.W.1 informant Dharmpal son of Lakshmichand gave a written complaint at P.S.- Mansoorpur (Ex.Ka.1) at 18.10 hours on 27.5.2001 alleging therein that he owns a mango grove in his village which lay towards the west of his house and which he had given under the care and vigilance of one Vishnu alias Khabba s/o Puran belonging to jogi caste, resident of Pura. The grove was guarded mostly by appellant Kalwa s/o Vishnu alias Khabba. On the date of the incident, appellant Kalwa was guarding the grove. At about 1.30 pm, Km. Shailja aged about 8 years, daughter of his brother Kuldeep had gone to the grove for getting mangoes but when she did not return after lapse of a long period, he accompanied with P.W.3 Ram Autar s/o Ilamchand, went to the grove in search of Shailja but neither appellant Kalwa nor Shailja were found in the grove on which he went to the house of appellant Kalwa to inquire about him. His family members told him that appellant Kalwa was in the grove. While they were searching Shailja, they met P.W.2 Sushil s/o Shomnath who told them that he had seen Shailja going with appellant Kalwa towards the sugarcane field of Satpal s/o Madho. While they were going to the sugarcane field of Satpal, they heard a mild shriek coming from the field of Satpal on which they entered into Satpal's sugarcane field and saw appellant Kalwa running away from the field towards the north, on seeing them coming towards him. They called him and told him to stop but he fled. While they were going to the sugarcane field of Satpal, they heard a mild shriek coming from the field of Satpal on which they entered into Satpal's sugarcane field and saw appellant Kalwa running away from the field towards the north, on seeing them coming towards him. They called him and told him to stop but he fled. On searching in the sugarcane field, the naked dead body of Shailja was found lying in the field and her private parts were bleeding. Her neck also bore signs of injury. Appellant Kalwa after committing rape with her, had committed her murder. 4. On the basis of the written report (Ex.Ka.1), Case Crime No.152 of 2001 u/s 302 and 376 I.P.C. was registered against Kalwa and thereafter check F.I.R. (Ex.Ka.2) and relevant G.D. Entry vide rapat no. 28 (Ex.Ka.3) were prepared. 5. The investigation of the case was entrusted to S.I. M.L. Sharma, who reached the place of incident and held inquest on the body of the deceased and prepared the inquest report (Ex.Ka.5) and other related documents namely photo lash (Ex.Ka.6), letter addressed to R.I. (Ex.Ka.7), letter addressed to C.M.O. (Ex.Ka.8) and challan lash (Ex.Ka.9). He thereafter, recorded the statements of witnesses u/s 161 Cr.P.C. He, thereafter, got the dead body of Shailja sealed and dispatched to the District Hospital for postmortem examination. 6. The postmortem on the body of the deceased Shailja was conducted on 28.5.2001 at 12:20 p.m. by P.W.5 Dr. R.V. Singh, Cardiologist, who also prepared and proved her postmortem report as (Ex.Ka.4). 7. The Investigating Officer also inspected the place of occurrence and prepared its site plan (Ex.Ka.10). He also collected plain and blood-stained earth, deceased's half pant and under wear and prepared recovery memo of the aforesaid articles (Exts.Ka.11, Ka.12 and Ka.13 respectively). 8. After completing the investigation, the Investigating Officer filed charge-sheet against the accused-appellant u/s 302, 376 I.P.C. (Ex.Ka.14) before the Chief Judicial Magistrate, Muzaffarnagar. 9. Since the offences mentioned in the charge-sheet were triable exclusively by the Court of Sessions, Chief Judicial Magistrate, Muzaffarnagar committed the accused for trial to the Court of Sessions Judge, Muzaffarnagar where Case Crime No.152 of 2001 was registered as S.T. No. 602 of 2001, "State of U.P. Vs. 9. Since the offences mentioned in the charge-sheet were triable exclusively by the Court of Sessions, Chief Judicial Magistrate, Muzaffarnagar committed the accused for trial to the Court of Sessions Judge, Muzaffarnagar where Case Crime No.152 of 2001 was registered as S.T. No. 602 of 2001, "State of U.P. Vs. Kalwa", and made over for trial from there to the Court of Additional Sessions Judge, F.T.C.-2 Muzaffarnagar, who on the basis of the material on record and after affording opportunity of hearing to the prosecution as well as the accused, framed charge u/s 302 and 376 I.P.C. against the accused-appellant. The accused-appellant abjured the charges framed against him and claimed trial. 10. The prosecution in order to prove the charge framed against the appellant, examined as many as six witnesses out of whom P.W.1 informant Dharmpal, uncle of the deceased, P.W.2 Sushil and P.W.3 Ram Autar were examined as witnesses of fact while P.W.4 Head Moharrir Ganga Saran who had prepared and proved the check F.I.R. (Ext.Ka.2) and relevant G.D. Entry (Ext.Ka.3), P.W.5 Dr. R.V. Singh who had conducted the postmortem on the body of the deceased, prepared and proved her postmortem report as (Ex.Ka.4) and P.W.6 S.I. Rameshwar Prasad Sati who had held the inquest on the body of deceased Shailja and prepared the inquest report and other related documents (Exts.Ka.5 to Ka.9), were produced as formal witnesses. 11. The accused-appellant in his examination u/s 313 Cr.P.C. denied the charges framed against him and alleged false implication due to previous enmity. 12. Learned Additional Sessions Judge, F.T.C.-2, Muzaffarnagar, after considering the submissions advanced before him by the learned counsel for the parties and scrutinizing the evidence on record, both oral as well as documentary, convicted the appellant and awarded aforesaid sentences to him. 13. Hence, this appeal. 14. It has been argued by Sri C.L. Chaudhary, learned Amicus curiae, that the conviction of the appellant in the present case is based upon circumstantial evidence and since the circumstances from which the conclusion of guilt has been drawn are neither consistent only with the hypothesis of the guilt of the accused nor are of conclusive nature, therefore, neither the recorded conviction of the appellant nor the sentences awarded to him can be justified. He next submitted that the last seen evidence of presence of witnesses of fact which has been relied upon by the learned trial Judge for proving the charges framed against the appellant is not sufficient to fasten the guilt of the murder of Shailja upon the appellant. He lastly submitted that the prosecution having failed to prove its case against the appellant by leading any cogent and reliable evidence, the appellant is entitled to benefit of doubt and neither the recorded conviction of the appellant nor the sentences awarded to him can be sustained and are liable to be set aside. 15. Per contra, Sri Arun Kumar Singh, learned A.G.A. appearing for the State submitted that the prosecution having successfully able to prove by reliable and cogent evidence that it was the appellant who had committed the murder of the deceased after attempting to commit rape on her, neither the recorded conviction of the appellant nor the sentences awarded to him warrant any interference. It is next contended that the prosecution having succeeded in establishing each instance of incriminating circumstance by reliable evidence and the circumstances so proved formed a complete chain of evidence on the basis of which no conclusion other than one of guilt of the accused could be reached, the trial court did not commit any error or illegality in convicting the appellant. He lastly submitted that this appeal lacks merit and is liable to be dismissed. 16. We have heard learned counsel for the parties present and perused the entire lower court record very carefully. 17. The only question which arises for our consideration in this appeal is that whether the prosecution has been able to prove its case against the accused-appellant beyond all reasonable doubts or not ? 18. The basis of conviction in this case is solely on the circumstances relied upon by the prosecution. In view of the same, it is relevant to understand the nature and various aspects related to circumstantial evidence. 19. In Hanumant vs. State of Madhya Pradesh, (1952) SCR 1091, the nature, character and essential proof required in a criminal case that rests on circumstantial evidence alone has been laid down. This case has been uniformly followed and applied by the Apex Court in a large number of later decisions up to this date. 19. In Hanumant vs. State of Madhya Pradesh, (1952) SCR 1091, the nature, character and essential proof required in a criminal case that rests on circumstantial evidence alone has been laid down. This case has been uniformly followed and applied by the Apex Court in a large number of later decisions up to this date. Following paragraphs of the aforesaid judgment which are relevant for our purpose are being reproduced hereunder :- "11. Assuming that the accused Nargundkar had taken the tenders to his house, the prosecution, in order to bring the guilt home to the accused, has yet to prove the other facts referred to above. No direct evidence was adduced in proof of those facts. Reliance was placed by the prosecution and by the courts below on certain circumstances, and intrinsic evidence contained in the impugned document, Exhibit P-3A. In dealing with circumstantial evidence the rules specially applicable to such evidence must be borne in mind. In such cases there is always the danger that conjecture or suspicion may take the place of legal proof and therefore it is right to recall the warning addressed by Baron Alderson, to the jury in Reg v. Hodge,1838 2 Lew 227), where he said :- "The mind was apt to take a pleasure in adapting circumstances to one another, and even in straining them a little, if need be, to force them to from parts of one connected whole; and the more ingenious the mind of the individual, the more likely was it, considering such matters to overreach and mislead itself, to supply some little link that is wanting, to take for granted some fact consistent with its previous theories and necessary to render them complete." 12. It is well to remember that in cases where the evidence is of a circumstantial nature, the circumstances from which the conclusion of guilt is to be drawn should in the first instance be fully established, and all the facts so established should be consistent only with the hypothesis of the guilt of the accused. Again, the circumstances should be of a conclusive nature and pendency and they should be such as to exclude every hypothesis but the one proposed to be proved. Again, the circumstances should be of a conclusive nature and pendency and they should be such as to exclude every hypothesis but the one proposed to be proved. In other words, there must be a chain of evidence so far complete as not to leave any reasonable ground for a conclusion consistent with the innocence of the accused and it must be such as to show that within all human probability the act must have been done by the accused." 20. In Sharad Birdhichand Sarda v. State of Maharashtra, (1984) 4 SCC 116 , a Bench of three Judges of the Apex Court, after analyzing various aspects, laid certain cardinal principles for conviction on the basis of circumstantial evidence. The Apex Court laid down the following conditions which must be fulfilled before a case against an accused can be said to be fully established : "153..... (1) the circumstances from which the conclusion of guilt is to be drawn should be fully established. .... .... (2) the facts so established should be consistent only with the hypothesis of the guilt of the accused, that is to say, they should not be explainable on any other hypothesis except that the accused is guilty. (3) the circumstances should be of a conclusive nature and tendency, (4) they should exclude every possible hypothesis except the one to be proved, and (5) there must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused. 154. These five golden principles, if we may say so, constitute the panchsheel of the proof of a case based on circumstantial evidence." 21. It is clear that even in the absence of eye-witness, if various circumstances relied on by the prosecution relating to the guilt are fully established beyond doubt, the Court is free to award conviction. Further, the chain of events must be complete in order to sustain the conviction on the basis of circumstantial evidence. 22. We now proceed to examine the evidence on record on the touchstone of the five golden principles enunciated by the Apex Court for conviction on the basis of the circumstantial evidence. 23. Further, the chain of events must be complete in order to sustain the conviction on the basis of circumstantial evidence. 22. We now proceed to examine the evidence on record on the touchstone of the five golden principles enunciated by the Apex Court for conviction on the basis of the circumstantial evidence. 23. Before proceeding to evaluate and analyze the oral evidence on record, we first propose to have a glance at the evidence of the formal witnesses examined by the prosecution during the trial. 24. P.W.4 Head Moharrir Ganga Saran in his evidence tendered before the trial court deposed that he was posted as Head Constable on 27.5.2001 at P.S.- Mansoorpur. On that date, he had prepared check no. 106 of 2001 on the basis of the written complaint filed by P.W.1 informant Dharmpal. He proved the check F.I.R. as (Ext.Ka.2). He further deposed that on the same day, he had registered the case in the G.D. at serial no. 28 at 18.10 hours. He proved the carbon copy of the G.D. as (Ext.Ka.3). 25. P.W.5 Dr. R.B. Singh deposed that on 28.5.2001, he was posted at District Hospital. On that date at about 12:20 pm, he had conducted autopsy on the dead body of Shailja d/o Kuldeep, who was aged about eight years. Upon external examination he had found that the deceased was of normal built, her eyes and mouth were shut, blood-stained froth was oozing from her mouth. The upper portion of her eyes and mouth were congested, nails and lips were blue, rigor mortis was present on both the legs and the lower portion of the stomach appeared bluish. He noted following ante-mortem injuries on her dead body :- 1. Abrasion x cm just below the left angle of mouth. 2. Contusion 1cm x cm on left angle of jaw. 3. Abrasion 1 cm x cm on chin, lower part. 4. Ante-mortem ligature mark 23 cm x 4 cm on front and 1 cm on back all around the neck on and above the thyroid cartilage. Base is grooved and margins are ecchymosed. Extravasation of blood in the subcutaneous tissue. Underlying neck muscles are contused. Trachea congested and partly mucous. 5. Abrasion 3cm x 1cm on front of rt. side chest 5.5 cm above the nipple. 6. Abrasion of cm x cm on lt. iliac crest. 7. Abrasion 1cm x 1cm on left scapula region. 26. Base is grooved and margins are ecchymosed. Extravasation of blood in the subcutaneous tissue. Underlying neck muscles are contused. Trachea congested and partly mucous. 5. Abrasion 3cm x 1cm on front of rt. side chest 5.5 cm above the nipple. 6. Abrasion of cm x cm on lt. iliac crest. 7. Abrasion 1cm x 1cm on left scapula region. 26. P.W.5 Dr. R.B. Singh also stated that upon internal examination of the deceased, he had found that most of her internal organs were congested. About 200 grams of semi-digested food was present in the stomach. Urine bladder was empty and no abnormality was noted in her private parts. According to P.W.5 Dr. R.B. Singh, the cause of death of Shailja was due to asphyxia as a result of strangulation and her death had occurred approximately about one day before. 27. During postmortem examination, he had also prepared a slide of deceased's vaginal sperm and sent it for pathological examination through constable. He proved the postmortem report of the deceased as (Ext.Ka.4) and stated that it was possible that the deceased had died on 27.5.2001 at about 1.30 pm. 28. P.W.6 S.I. Rameshwar Prasad Sati in his statement recorded on oath during the trial deposed that he was posted as Sub-Inspector at P.S.- Mansoorpur on 27.5.2001. He had conducted inquest on the body of Km. Shailja in a sugarcane field of the 'jungle' of village- Pura and prepared the inquest report. At the time of the inquest, the deceased was wearing only sando vest. On examining the body of the deceased it was found that her private parts were swollen and blood was oozing out and there was dry blood on the hips of the deceased. Blood was oozing out from her mouth and there were signs of injury on her neck. He proved the inquest report as (Ext.Ka.5) and other related documents namely photo lash (Ext.Ka.6), letter addressed to R.I. (Ext.Ka.7), letter addressed to C.M.O. (Ext.Ka.8) and challan lash (Ext.Ka.9) prepared by him during the inquest. He also deposed that M.L. Sharma, S.H.O.- Mansoorpur, who had investigated the case had died in an accident and since he was attached to him, he was well acquainted with his handwriting and signature. He also deposed that M.L. Sharma, S.H.O.- Mansoorpur, who had investigated the case had died in an accident and since he was attached to him, he was well acquainted with his handwriting and signature. He also proved the site plan of the place of incident as (Ext.Ka.10), recovery memos of plain and blood-stained earth as (Ext.Ka.11), deceased's half-pant as (Ext.Ka.12) and underwear as (Ext.Ka.13) and charge sheet (Ext.Ka.14). The half-pant and the sando vest of the deceased were exhibited during the trial as Ext.1 and Ext.7. The underwear of the appellant Kalwa was marked as Ext.5. Thus, from the evidence of the formal witnesses, it is established that the deceased had died on 27.5.2001 at about 1.30 pm and cause of her death was asphyxia due to strangulation. 29. The next question which arises for our consideration is that whether the complicity of the appellant in committing the offences for which he has been charged stands proved beyond all reasonable doubt from the statements of the three witnesses of fact produced during the trial ? 30. P.W.1 informant Dharmpal in his evidence tendered before the trial court said that the deceased Shailja was his real niece and daughter of his brother Kuldeep. Behind his house in the village towards the west, he had a mango grove. About 1 years ago on 27.5.2001, his niece Shailja had gone to the grove at about 1.30 pm for bringing mangoes which was given by him under the care and vigil of appellant Kalwa s/o Vishnu. Shailja at the time of the incident, was aged about eight years. When Shailja did not return from the grove, he and P.W.3 Ram Autar went to the grove in search of Shailja but when they did not find either her or appellant Kalwa there, they went to the house of appellant Kalwa where his family members told them that appellant Kalwa was in the grove. While he was searching for Shailja along with his companions, he met P.W.2 Sushil who told them that a short while ago, he had seen appellant Kalwa and Shailja going towards the sugarcane field of Satpal on which they went towards the sugarcane field of Satpal. On hearing a mild shriek, they went inside the sugarcane field and saw appellant Kalwa running towards the north. He called him but he did not stop. On hearing a mild shriek, they went inside the sugarcane field and saw appellant Kalwa running towards the north. He called him but he did not stop. On searching the sugarcane field, they found Shailja lying dead in a naked condition. There was blood at the spot where Shailja was lying. There were marks of injury on the body and neck and her private part was bleeding. Shailja's half-pant was lying near her body. He searched for appellant Kalwa but could not find him and thereafter he lodged the written report of the incident scribed by his younger brother Devpal on his dictation and lodged the same at P.S.- Mansoorpur. He proved the written report of the incident as (Ext.Ka.1). 31. P.W.2 Sushil in his statement recorded before the trial court fully corroborated the evidence of P.W.1 informant Dharmpal and all material particulars. P.W.2 Sushil deposed before the trial court that he knew the accused-appellant Kalwa who was present in the Court as he resided in the same village and his father's name was Vishnu. Dharmpal's grove is adjacent to his house. About 1 years ago, Dharmpal had given his grove to the care and vigil of Vishnu for two years. Appellant Kalwa used to guard the grove. His children as well as of Dharmpal often used to go to the mango grove. One door of Dharmpal's house opens into the mango grove. About 1 years ago, while he was returning from jungle of his house and reached near the sugarcane field of Satpal, he saw Kalwa and Km. Shailja there. Shailja who was aged about 7-8 years at that time, was the niece of Dharmpal. When he reached his gher, he saw P.W.3 Ram Autar and P.W.1 informant Dharmpal of his village. They were both looking very worried. When he enquired from them about the reason for their being worried, they told him that they were searching Shailja on which he told them that he had seen Shailja and Kalwa near the 'mendh' of the sugarcane field of Satpal. On receiving the aforesaid information from him, both of them left him. They were both looking very worried. When he enquired from them about the reason for their being worried, they told him that they were searching Shailja on which he told them that he had seen Shailja and Kalwa near the 'mendh' of the sugarcane field of Satpal. On receiving the aforesaid information from him, both of them left him. At about 2.30 pm on the same date, he heard that the dead body of Shailja had been recovered from the sugarcane field of Satpal and when he went to see her, he found Shailja lying dead with blood oozing from her private parts, nose and mouth and her undergarment was lying near her body. 32. P.W.3 Ram Autar deposed before the trial court that he knew P.W.1 informant Dharmpal of his village. His house is adjacent to that of Dharmpal. The name of Dharmpal's brother is Kuldeep who lived jointly. The name of Kuldeep's daughter was Shailja and she was aged about 7-8 years. P.W.1 informant Dharmpal has a grove adjacent to his house. The incident had taken place on 27.5.2001. The grove of Dharmpal was being looked after by Vishnu whose son Kalwa guarded the same. On the date of the incident, Shailja had gone to the mango grove to bring mangoes at about 1.30 pm but she did not return on which P.W.1 informant Dharmpal along with him started searching her on the grove but when they could not find either her or appellant Kalwa there, they went to the house of Kalwa but there also he was not found. Then they went back to the grove. While they were searching for Shailja, they met P.W.2 Sushil, who told them that a short while ago, he had seen appellant Kalwa and Shailja going towards the sugarcane field of Satpal on which they went towards the sugarcane field of Satpal. On hearing a mild shriek, they went inside the sugarcane field and saw appellant Kalwa running towards the north. They called him but he did not stop. On searching in the sugarcane field, they found Shailja lying dead in a naked condition. There was blood at the spot where Shailja was lying. There were marks of injury on the body and neck, her private parts were bleeding. On hearing about the incident, many villagers had come at the spot. They called him but he did not stop. On searching in the sugarcane field, they found Shailja lying dead in a naked condition. There was blood at the spot where Shailja was lying. There were marks of injury on the body and neck, her private parts were bleeding. On hearing about the incident, many villagers had come at the spot. They went to the police station to lodge the report of the incident. The police came to the place of occurrence and after conducting the inquest, sent the deceased's body for postmortem examination. 33. It has been contended by Sri C.L. Chaudhary, learned Amicus curiae that there is no evidence on record indicating either the appellant had committed rape on the deceased or attempted to commit rape on her. The medical evidence on record on the contrary totally negates the prosecution story. It is true that the medical evidence on record does not corroborate the theory of rape but at the same time, it is fully proved from the evidence of P.W.1 informant Dharmpal and P.W.3 Ram Autar and the condition in which the dead body of Shailja was found with only a vest on her body that the appellant had attempted to commit rape on her but could not succeed and hence, the learned trial Judge rightly convicted him u/s 376 r/w 511 I.P.C. There is yet another very relevant aspect of the matter that although the appellant alleges false implication but he has failed to come up with any specific reason for the informant and the witnesses being inimical towards him. No suggestion of any kind was given by defense to prosecution witness to the effect that he had been falsely implicated by them due to any enmity arising out of any specific incident or incidents. 34. Thus, upon the wholesome consideration of the facts of the case, attending circumstances and the evidence on record, we find that the evidence of all the three witnesses of fact produced by the prosecution during the trial has throughout remained consistent and clinching. All the three witnesses were subjected to a gruelling cross-examination by the defense counsel but he failed to elicit anything out of them which goad us into disbelieving their testimony. All the three witnesses were subjected to a gruelling cross-examination by the defense counsel but he failed to elicit anything out of them which goad us into disbelieving their testimony. The circumstances in this case from which the guilt of the appellant stands established and which have been proved by the prosecution by leading cogent evidence inter alia are that P.W.1 informant Dharmpal owned a mango grove adjacent to his house which he had given under the care of one Vishnu which was mostly guarded by his son- appellant Kalwa; that on the date of the occurrence, Km. Shailja had gone to the mango grove at about 1.30 pm to collect mangoes, but she did not return; that when the informant and the other witnesses went to the grove in search of Shailja, they found neither appellant Kalwa nor the victim Shailja there; that thereafter informant and the other witnesses went to the house of appellant Kalwa to enquire about his whereabouts where his family members informed them that appellant Kalwa was in the mango grove; that while informant and the other witnesses were searching Shailja, they met P.W.2 Sushil Kumar who told them that a short while ago, he had seen Shailja with the appellant Kalwa on the 'mendh' of the sugarcane field of Sushil; that after receiving the aforesaid information, when informant and the other witnesses went to Satpal's sugarcane field where they heard a mild shriek on which they entered into the sugarcane field of Satpal and saw appellant Kalwa running away and when informant and the other witnesses called him by his name, he did not stop but continued to run; that soon thereafter, dead body of Shailja was discovered by them lying in a naked condition in the sugarcane field of Satpal with blood oozing out from her private parts; that the medical evidence on record indicated that the deceased had been strangulated to death at about 1.30 pm and that although appellant Kalwa pleaded innocence and alleged false implication due to previous enmity but he failed to establish the previous enmity between the parties either by leading any positive evidence or by giving any such suggestion to the prosecution witnesses of fact. 35. 35. The circumstances relied upon by the prosecution and proved by leading cogent and reliable evidence, in our opinion, form a complete chain of circumstances which admit no other hypothesis except that of the guilt of the appellant. 36. For the reasons given hereinabove, we have no hesitation in holding that the prosecution has fully succeeded in proving the charges framed against the appellant and the learned trial Judge did not commit any illegality or legal infirmity in convicting the appellant u/s 302, 376 r/w 511 I.P.C. and awarding aforesaid sentences to him. 37. The appeal lacks merit and is accordingly dismissed. 38. Sri C.L. Chaudhary, learned Amicus curiae, shall be paid a sum of Rs. 15,000/- towards his remuneration.