v H H I H “ I C F 0 0 0 0 0 6 4 0 6 4 l . . . W W . . ‘ . 0 _ , . y I N T H E H I G H C O U R T O F J U D I C A T U R E A T J A B A L P U R C r i m i n a l A p p e a l N o . \ 1 3 % A p p e l l a n t $ t a t e o f M a & h y a P r a d e s h D i v i s i o n B e n c h ( r i m Y / 2 D O O ”T” " V e r S u S ‘ R e s p o n d e n t s : 1 . S § a m a r V i j a y \ ’ S i n g h T a m a r a g e d a b o u t 2 0 “ y ’ e y a r s S / o S a h r i R a n v i j a y S i n g h T o m a r , R / o R a h a n u j w a m , A m b i k a p u r D i s t t . 3 u r g u j a . 2 . p é j k u m a r T i w a r i , a g e d 2 o y e a r s , S / o / h r i L a x m a n T i m a r i R / o Q r . N . 1 a G / 6 0 1 V i s h r a m p u r P 5 3 . V i s h r a m g a u r D i s t t . S u r g u j a . ‘ / f L 3 . J a w e d A l a r m a g e d a b c u t 1 9 y e a r s , S / o ~ » 2 & n b i } ; a p u r M o h é M m D i s t t . $ u r g u j a . P h a r u q A l a m , S / o ' s i a a N a k a 4 . G a n e s h K a s h y a p a g e d 2 0 y e a r s , i i / o S h r i n a s h r a t h ‘ R a m K a s h y a p . R / o K n a r s i a N a k a r , ’ A m b i ' k a p u r , D i s t t . S u r g u j a . P E D E A L ‘ U N D E R S E C T I O N 3 7 7 O F T H E ‘ C r . P . C . 1 9 7 3 F O R ‘ / / / ‘ A N H A N C E I B E N T O F , S E N T E N C g k w m m E t<r HIGH COURT OF CHHATTISGARH AT BILASPUR Criminal Appeal No.594/2000 Samar Vijay Singh Tomar and anofher Versus State of Chhattisgarh Criminal Appeal N0.716/2000 Javed Alaiii and another ; Versus State of Chhattisgarh Criminal Appeal No. 12397 2000 State of Chhattisgarh VeiTis Saoiar Vijay Singh Tomar & three others AND Criminal Appeal No.783/200S State of Madhya Pradesh (now Chhattisgarh) Vs. Ranvijay Singh Tomar Jzidgme.nt for Consideration Sd/- Dilip Raosaheb Deshmukh Judge HON'BLE SHRJ JU8TICE FAKHRUDDIN ^V^ C..t^^^ ^^^Vw^A^ otM\A<^^ °)oc\^4 Sd/- Fakhruddin Judge Postforjudgment; ^-o .0^,2006 Sd/- Fakhruddin Judge Sd/- Dilip Raosaheb Deshmukh Judge ^ ^a" h^ HIGH COURT OP CHHATTISGARH AT BILASPUR Criminal Appeal No.S94/2000 Sainar Vijay Singh Tomar and anofher Versus State ofChhatdsgarh Criminal Aooeal No.716/2000 Javed Alaai aad aaofher Versus State of Chhattisgarh Criminal Appeal No.1239/2000 State of Chhatdsgarh Verus Saaiar Vijay Siagh Tomar & fhrce others AND Criminal Appeal No.78372005 State of Madhya Pradesh (now Chhattisgarh) Vs. Raiivqay Siagh Tomar Coram: Hontble Shri Justice Fakhruddin fis Hon'ble Shri Justice Dilip Raosaheb Deshmukh, JJ. Shri Surcndra Singh, Senior Advocate with Shri Neeraj Kumar Mehta for the appeUants. Shri Pramod Kumar Verma, Addl. Advocate General for the State. Smt Meena Shastory, leamed counsel for fhe complamant. JUDGMBNT (Delivered on20.03.2006) Per Dilip Raosaheb Deshmukh, J. 1. Vide Judgment dated 23rd Febmaiy, 2000 deUvered in Sessions Case No. 07/1999 by Shri A.S.Naidu, Sessions Judge, Sarguja, the appellant Samar Vijay Singh was convicted imder Section-302 of the I.P.C. for committing murder of Ku. Prceti Shrivastava by intentionally causmg her ^ death on 03-12-1998 at 10.45 A.M. in Govt. Girls CoUege Campus, Ambikapurby runniag her over by Jeep No.M.P.-27- B-1068 aad sentenced to undergo unprisonmLent for Ufe and a fme ofRs.1,000/- & m defaiilt to undei^o additional rigorous imprisonment for 6 months. Co-accused Rajkumar Tiwad.» Javed Alam & Ganesh Kashyap were convicted under Section 302 read with Section-34 of the I.P.C. for intentionaUy causing the death of Ku. Preeti Shrivastava in furfheraace of fhe common mtention with fhe appeUant Samar Vijay Singh aad sentenced to iraprisonnient for Ufe aad to pay a fine of Rs. 1,000/- aiid in default to iindergo additional rigorous imprisoninent for 6 months. Co-accused Raavijay Singh Toiaar, fafher of appellant Samar Vijay aad owner of the jeep used by the above accused persons for committing fhe aforcsaid offence was acquitted from the charge under Section-201 ofthe I.P.C. 2. AppeUants Samar Vijay Singh and Raj Kumar Tiwari preferred Crimmal Appeal No.594/2000 whUe appeUants Javed & Ganesh preferred Criminal Appeal No. 716/2000, assailing fheir conviction aad sentence as aforcsaid. The State preferred Criminal Appeal No. 1239/2000 for enhancement of sentence awarded to the appeUaats & Crimmal Appeal No, 783/2005 against the acqmttal of Ranvijay Singh Tomar under Section-201 of the I.P.C. This judgment govems aU the abovementioned appeals. 3. BrieUy stated the prosecution case is that on 03-12-1998 Ku. Prceti Shrivastava, a student of B.A. Final in Ck»vt. Girls CoUege, Ambikapitr was sitting wifh Ku. Vijaylaxmi Mishra PW-7, Kii. Seema Mishra PW-8 and Ku. NishaThakur PW-17 ia fhe campus ofthe CoUege siace the second period was free. Her bag and tiffin werc kept by the side of fhe road. Maay ofher girls were baskiag in the sun iaside the cainpus. At about 10.45 A.M., a Jeep driven by Samar Vijay Singh suddenly entered the coUege cainpus and cnishing the bag hs and fhe tiffm of Ku. Preeti Shrivastava undemeath, went ahead. AppeUaats Rajkuiaar Tiwari, Javed AlaDi and Gaaesh Kashyap were acconipaiiyuig Samar Vijay Singh ia fhe jeep. Seeing her tiffin & bag crushed by the jeep, Ku. Flreeti Shrivastava decided that she would stop the jeep on its retum aad ask fhe driver to make good fhe loss suflTered. When the jeep retumed, Kzi.Preeti stopped fhe jeep, stood in front of it and asked appeUant Sainar Vijay Siagh to repair the tif&n. and the bag for her. Hearmg fhis, the occupants of the jeep mcludmg fhe driver started laughing. The girls noticed that fhe occupants of fhe jeep were caUiag each other by names aad thereby leamt that Samar Vijay Siagh, the driver of the jeep was accompanied by Rajkumar Tiwan, Javed Alam aad Ganesh kashyap. Appellaat Samar Vijay Singh asked Ku. Preeti to get out of his way, failing which, threatened to crash her zinder fhe jeep. However, Ku,Preeti stood firm aad didn't budge. Appellaat Rajkumar Tiwad, Javed & Gaiiesh asked appeUant Samar Vijay to crush Ku. Prceti, if she didn't give way. Upon this, Samar Vijay inoved the jeep ahead and pushed Kii. Preeti who feU down. When the girls werc about to move for picking up Preeti, Sam.ar Vijay Singh reversed and fhen accelerated the jeep ahead, crushing Preeti's head under the jeep in the process & ran away with the co-appeUaiits. Ku. Vijaylaxmi PW-7, threw a stone on the jeep, which hit fhe bumper of the jeep. She noted down the number of the jeep m her palm as M.P.-27-1962. Ku. Lalita Yadav PW-6, attempted to catch hold of one of the appeUants but she was pushed aad fell down. Ku.Vijaylaxmi noticed that fhe jeep had a "stickei^ "Vote for fhe Congress" on the back number plate The girls got frightened and informed Asst. Professor Smt. Archaaa Singh PW-9 aad Asst. Professor Smt. Pratibha Singh PW-10 about the incident who along with Ku. Lalita Yadav PW-6, Ku.Vrjaylaxmi PW-7, Ku. Kumudmi Kerkatta PW-4 & Ku. UrmUa Paikra PW-5 took the injurcd Ku. Preeti to 1 ^z fhe District Hospital, Ainbikapur. Clerk Tarachaad Sahu PW-11 offhe Girls CoUege reached the spot fhereafter aad on being iastancted by flie Principal lodged the F.I.R. Ex. P-12 at 11 A.M. in PoUce Station-Ambikapur to Asst Sub-Inspector B.N.Singh PW-31. Dr. M.L. Beatrice PW-3, Chief Medical aad Surgical Supdt., Holy Cross Hospital who first exaiaiaed Ku, Preeti Shrivastava at the District Hospital, Ambikapur found her to be in deep coma with profuse bleeding from fhe nose and mouth with her nasal bone fractured. She also found a deprcssed fracture ia the occipital region of Ku. Preeti size 2,5" x 2". On beiag mformed by Kzi. Vijaylaxmi PW-7 aad Kii. Lalita Yadav PW-6, she wrote aHit by jeep on fhe head and knocked down and passed over by front aiid back wheel of fhe jeep" in her report Ex. P-4. Soon after Ku. Preeti Shrivastava succumbed to the mjuries at 12.10 P.M. ^- Upon F.I.R. Ex.P-12 being lodged at 11 A.M. Assistant Sub- Inspector Hardeep Singh PW-36 rcached the Hospital. In fhe meanwhUe, Shri R.L.Shrivatava PW-32, father of Ku.Preeti Shrivastava, on receiving infonnation about the incident had already rcached the hospital and enquired about fhe iacident from the girls who were prcsent there. A.S.I. Hardeep Smgh recorded merg intimation Ex. P-19 on the report of Laboratory Technician Mariam Tirky PW-16 aad prepared inquest Ex.P-18. In prcsence of Shri R.L. Shrivastava PW-32 he also recorded the statements Ex. P-10 and Ex. P-7 rcspectively under Section-161 of Cr.P.C. of Kii.Vijaylaxmi PW-7 and Ku. Lalita Yadav PW-6 on 03-12-1998 at the District Hospital who told hun that since fhe occupaats of the jeep whUe talkiag were addressmg each other by their names, they leamt that fhe driver of fhe jeep was Sam.ar and the occupants of fhe jeep were Rajkiunar Tiwari, Javed and Ganesh. They also stated that the occupaats of fhe jeep had said "Saiiiar if the girl does not give way, crush her under the ^ o Jeep^. In the merg mtimation Mariam Tirky PW-16 gave fhe Jeep No. as M.P.-27 B -1068. 8. Dr. A.K. Jain PW-33 Medical Officer, District Hospital, Ambikapur conducted fhe autopsy on fhe body of Ku. Prceti Shrivastava on 03-12-1998 aad found the foUowing exteraal injunes :- A. An abrasion on left scapular region 8x6 cm (Eight on by six cia) red iii colour, and obUquely pkiced, B. An abrasion to right side of back iniddle part measuring 10 x 6 cm extendmg to right scapular region red m colour obUquely placed;. C. An abrasion, ri^ht kaee, lateraUy 8x3 cm, rcd in colour, D. An abrasion on right fhigh upper part mediatly 2x2 cm, rcd ia colour, E. Two abrasions over right foot, one at the lateral border 2x3 cni, aad second one on right DiaUeola, lateral side 2x2 cm red ia coloiir, obUquely placed, P. Depression aad crepitus at occipital region and right zygomatic region 8 x 4 cm, On intemal exammation, he recorded the foUowing finduigs: A. SkuU :- There was depressed fracture in occipital bone aad zygomatic bone 8x4 cni extendiag up to zygoma, B. Meninges and braia injurcd due to fi-acture and brain matter canie out, huge haem.otoiaa present and blood present craaial cavity, C. Fractiire of fhe fhird rib left side axiterolateraUy, [ ^ D. Pleura injured, trachea aiid fhroat was healthy, left lung was injured and gorged, blood prcsent in pleural cavity , right lung was also gorged blood present in pleural cavity, in heart the blood was present, in little quantity in right chamber aad the left was empty, Aerota contaming Uttle blood, mouth, esophagus, covering of intestine aad diaphragni, were healfhy, in stoinach, fherc was semi digested food material, large intestine, Uttle facial matter was present, liver was ruptured posteriorUy, and blood was present in paritonial cavity, spleen and kidney were healthy, uterus was healfhy, blader was fuU of urine, uterus was ofnormal size. Dr. Jain opmed vide report Ex.P-37 that death was due to coma as a rcsult of J&actare of skull bone and iajury to vital organs, brain, lung aad Uver. rvfv' 9. Assistaat Sub Inspector Hardeep Singh PW-36 reached the spot on 03-12-1998 aad seized the blood stained Tar and soU aiid plain soil as also fhe black bag and broken ttffin of Ku. Preeti vide seizure memo Ex. P-25. On the same day at 3.00 P.M., he seized vide Ex.P-33 the Jeep No. M.P.-27-B- 1068 which stood in front of the house of appeUaat Samar Vijay. In the front bumper of fhe Jeep some remaias of blood stains which had been washed were noticed. At the back curtaia a pamphlet ofCongress-I was pasted. 10. On 04-12-1998 at 6 P.M., Town Inspector S.C. Mishra PW-39 arrested appeUants Samar Vijay Singh, Rajkumar Tiwari aad Javed Alam vide Ex. P-72, 73 & 74. On 05-12-1998 at 7.00 A.M., he also arrested AppeUant Ganesh on surrcnder at the police station vide Ex.P-75. On the same day, he seized vide Ex. P-16 two stones haviag traces of light brown paint from near the spot in Govt. Girls College, Ambikapur. He also scratched the paint from the back of flie seized Jeep, sealed ^^ 11. 12. and seized it vide Ex.P-34. On 06-12-1998 Raavijay Singh Tomar, fafher of appellant Samar Vijay Siagh and the owner ofthe jeep was arrested by him vide Ex. P-76. On 09-12-1998, a document Ex.P-71 was obtaiaed from R.T.0., Ambikapur certifying Ranvijay Singh Tomar as fhe owner of the jeep, Senior Scientific Ofl&cer, Forensic Science Laboratory, Scene of Crime Unit, Sarguja performed Benzidine Test on the mud of fhe left mudguard and on the stams found on fhe left front tyrc. This test was positive mdicative of presence ofblood. On being sent for chemical examination to Forensic Science Laboratory, Sagar vide rcport Ex. P-79 prcsence ofblood was confinned ou the mud scratched from the front mudguard of the Jeep. However/ this was not found sufi5cient for examination by Serologist. Vide report Ex.P-80 offhe Forcnsic Science Laboratory, Sagar, the pamt scratched firora fhe stones (seized frora the spot uiside fhe coUege canipus) aad ftie Jeep were found to te of simUar origia. Investigation rcvealed that appeUaat Rajkumar had soon after fhe occurrence gone to Abhaydeep Singh PW-2 and told him that fhe Jeep driven by Samar Vijay Singh hacf dashed against a girl. Statement under Section-164 ofCr.P.C. Ex.P-3 ofAbhaydeep Smgh PW-2 was recorded by Shri S.R.Banjare, J.M.F.C., Ambikapur on 18-12-1998. After completion of iavestigation, prosecution was launched against appellant Samar Vijay Singh under Section-302 of I.P.C., against Rajkmnar Tiwari, Javed Alam, Gaaesh Kashyap under Section-302 rcad with Section-34 of the I.P.C. aad under Section-201 of the I.P.C. against co-accused Ranvijay Singh Tomar for causmg disappearaace of evidence of murder by washing the blood stams on the jeep; Appellants Samar Vijay Singh, Rajkumar, Ganesh, Javed and co-accused Ranvijay Singh Tomar abjured fhe gmlt. Prosecution examiaed as many as 39 witaesses. The leamed Sessions Judge, Ambikapur acquitted Raavijay Siagh Tomar t^- i (fp for want of evidence aad convicted Sainar Vijay Siagh under Section-302 ofI.P.C. and Raj Kumar Tiwari, Javed Alam aad Ganesh Kashyap under Section-302 rcad wifh Sectlon-34 of the I.P.C. and sentenced theia as aforesaid in para-1 on the basis of fhe foUowing evidence - A. Testimony of Ku. Lalita Yadav PW-6, Ku. Nisha PW-17, Ku. Seema Mishra PW-8, Dr. M.L. Beatrice PW-3, Dr. A.K. Jain PW-33 proving that Ku. Prceti died a homicidal deafh. B. Statements made by Ku. LaUta Yadav PW-6 aiid Ku. Vijaylaxini PW-7, as forming part of res-gestae under Section-6 of fhe Evidence Act. to Shri R.N. Shrivastava PW-32 on his rcaching fhe hospital disclosing the names of the driver of fhe jeep as Samar Vijay Singh and the occupants of fhe Jeep as Rajkumar Tiwari, Javed aad Ganesh. C. Extra Judicial Confession made by the appeUaat Raj Kumar beforc Abhaydeep Singh PW-2 soon after the occurrcnce, also impUcatmg appellaat Sacaar Vijay Siagh as the driver ofthe Jeep. D. Testimony of Ku. Seema PW-8 especiaUy ia para-34 aad 35 showing the thrce occupants of fhe Jeep had asked fhe driver Samar Vijay to run the girl over in case she didn't give way and Sainar Vijay surgiag the jeep ahead crushed Preeti's head undemeafh. E. Testiimouy of Arymd Gaur, Assistant Professor, P.G. CoUege, Ambikapi-ir PW-12 showing fhat Ganesh Kashyap, a student of B.Com 18t ye.ar <B' section was absent from class on 03-12-1998. F. Testimony of Professor Rajesh Shrivastava, P.G. CoUege, Ambikapur PW-18 showing that ^ on 03-12-1998 Samar Vijay Singh and Raj Kumar Tiwari, students of B.Com Ist year Section-W were absent from class (10 A.M. to 10.40 A.M.). G. The fact of surrender by appeUants Javed and Gaaesh in PoUce Station-Ambikapur on 04-12-1998 vide Ex.P-74 and 75. H. (i) Seizure ofJeep No. M.P.-27-B-1068 from, in front of fhe house of appeUant Saaiar Vyay. (ii) Merg intimation Ex.P-19 by Mariam Tirki PW-16 showmg the number of the Jeep as M.P.-27-B-1068. (iii) Testimony of Z.A. Abbasi PW-37 R.T.O. OflRce Ambikapur proviag ownership of Ranvijay Siagh Tomar over Jeep M.P.-27-B- 1068. (iv) Admission by Ranvijay Stagh Tomar of the seizure ofJeep M.P.-27-B-1068, in rcply to Question No.218 ia examiaation under Section-313 ofCr.P.C. 13. Shri Surendra Siagh^ Leamed Senior Counsel for the appeUants Samar Vijay Singh, Rajkumar Tiwari, Ganesh Kashyap and Javed Alam argued fhiat there was no legal evidence ou rccord to substaatiate the convictiou aad sentence awarded by fhe leamed Sessions Jzidge. No coinmon intention of the occupaats of fhe Jeep to cause fhe death of Ku. Preeti was established by fhe proseczition. Evidence of Ku.Seema Mishra PW-8 was read in extenso while arguing ttiat the driver of the Jeep merely wanted to get away as fast as possible aad therefore fhe offence if aay committed by the driver of the Jeep wozild not travel beyond Section-304 Part-I of fhe I.P.C., fhe atleged act being a rash or negUgent act without any intention to kill Preeti. Referring to the testimony of Ku.Seema PW-8 and Ku. Nisha PW-17, it was next argued 1 10 that ttiere has been an unfair aad dishonest cross- examination by the prosecutor due to which the trial Judge was in error in holding that the identity of fhe driver of the Jeep was estabUshed. During iavestigation, no test identification of the appeUaats Samar Vijay Siagh^ Rajkuniar Tiwari, Ganesh Kashyap aad Javed Alaai was got done from the witaesses who even did not identtfy the occupants of the Jeep in Court. 14. Serious objection was taken to the findiag recorded in para- 104 of the impugned judgment whereby the statements made by Ku. Lalita Yadav PW-6 and Ku. Vijaylaxmi PW-7 to Shri R.L.Shrivastava PW-32 werc relied on as admissible and formmg part of res-gestae under Section-6 of fhe Evidence Act., on the groiind fhat both LaMta Yadav PW-6 aad Ku. Vijaylaxmi PW-7 had tumed hostile and the testimony of Shri R.L.Shrivastava PW-32 was mercly hearsay siace he admitted that the statements made by the abovementioned two girls were not spontaaeous but upon askiag. ReUaiice was placed iipon Pralap Sinah 8K anotker Vs. Staie of Madhiia Pradesh throuah P.S.-Bhind reported in 1970 M.P.L.J.-978. 15. Reliaace was also placed ia the case of Geniela Viiaifavardhan Rcw Vs. Siaie ofAndhra Pradesh reported in A.I.R.-1996-8.C.- 2791 para-15, yasm Gulam Hyder v. Slate of Mahcirashtra 1980-8C-878, Vijender v. State of DeJhi 1997 8AR (CKI)- 365-para-7, Malkhan Singh v. State of M.P. 1990-Cr.L.J- 2763 and Dharma vs. State of Madtvua Pradesh 1996-8C- 2478 Placitum <C> 16. It was also argued that reUance placed by the Sessions Judge upon the statement of Abhay deep PW-2 recorded under Section-164 of the Cr.P.C. was contrary to law since the statement recorded under Section-164 of the Cr.P.C. could only be used to corroborate or contradict its maker and exti-a judicial confession should be of such a naturc as by itself would be suf5cie.nt to convict the accused. ReUance was 11 placed on Kanda Pajdaifachi v. State of Tamil Nadu A.I.R. 1972-8.C.-66 Para-11. A.I.R.-2001-8.C.-1103 Placitum-MAW and Hiramba Brahrna & another v, State of Assam A.l.R.- 1982-8C-1595 Placitum-<B*. 17. ReUaace was also placed on Pandurang & oikers v.State of ffyderabad AJ.R.-1955-8C-216 and Suresh & another vs, Siate of U.P. A.I.R.2001-8C-1344 Placitum -<<B" whUe arguing that merc prcsence of Rajkumar Tiwari, Javed aad Ganesh at the scene of the crime did not show culpabUity since fherc was no ineetuig of miads and no preineditated concert to kiU Kzi, Preeti. At the most it could be said that the appeUants were carefrce youngsters who had taken the Jeep iaside the coUege campus merely to have a look at the girls aad werc laughing when Ku. Preeti tried to come to fhe middle of the Jeep and the driver backed the jeep to get away while Ku.Prceti had faUen upon a mild push. At the most it could be said ftiat there was coniplete Diiscalculation and rashness on ftie part of fhe driver ia tryiag to get away froin fh-e campus. The driver of the jeep alone could at the most be held guilty under Section-304 Part-I offtie I.P.C. ReUance was placed on Sadhu Sinah v. Siate ofPepsu A.I.R.-1954-8C-271. Absence of tyrc marks either on fhe skall or on the clofhes of Ku. Prceti as admitted by Dr. Jain PW-33 ia para-10 falsified that Ku. Preeti was run over deliberately. Absence of the appeUaiits Saaiar Vijay, Ran Kum.ar aad Gaaesh from coUege at fhe time of occurrence did not prove their complicity ia the ofience of mmder ofPreeti. Use ofJeep No.M.P.-27-B-1068 in the crime was also not estabUshed smce the number of the offendmg vehicle was noted by Ku. Vyaylaxmi PW-7 to be M.P.-27-1962 aad presence of huinaa blood was not confinned vide Forcnsic Science Laboratory Ex.P-79 on the soU seized from the left tyrc ofthejeep, 18. Replymg to fhe above arguments Shri Rramod Verma, learned Additional Advocate General during his brief arguments 12 ^ contended fhat the demeanor offhe eye-witaesses as noted by fhe leamed Sessions Judge revealed that fhe girls were iinder fe.ar and tremendous pressurc aad were not wiUing to disclose the identity of the occupaats of fhe Jeep barriiig stray statements made by some girls io. their testunony, It also showed that the iacidenf in which Ku. Preeti was crushed under fhe jeep and died had a fcpeniendous impact on fhe minds of the girls who saw fhe occurrence. The evidence showed fhat fhe girls werc zinder shock even at fhe hospital where they truthiuUy disclosed fhe nauies of the occupants and driver of the jeep to Shri R.N. Shrivastava PW-32, the shocked father of the deceased who had rcached the hospital soon after leaming about the iacident. There was no tiine for deliberation or concoction. Eveiy one was under shock and panic. Statements of Ku.Vijaylaxmi PW-7 and Ku. Lalita Yadav PW-6 under Section-161 of Cr.P.C. which were rccoided by A.S.I. Hanieep Singh PW-36 on 03-12-1998 at the