T.AMARNATH GOUD,J. - (1.)This is an appeal filed under Sec. 374(2) of the Code of Criminal Procedure, 1973 against the judgment and order of conviction and sentence dtd. 25/2/2019 passed by the learned Addl. Sessions Judge, Gomati Judicial District Udaipur in connection with Case No.S.T.18(GT/U) of 2016 (T-1) convicting the appellant to suffer Rigorous Imprisonment for life and to pay a fine of Rs.25,000.00 for the commission of offense punishable under Sec. 302 of IPC and to suffer Rigorous Imprisonment of 2(two) years and to pay a fine of Rs.2000.00 in default of payment of fine, to suffer R.I. for 1(one) year for the commission of offense punishable under Sec. 201 of IPC and both the sentences shall run concurrently.
(2.)The facts of the case in brief, which may be relevant for the present purpose and manifest on the record are that on 5/12/2015, a criminal case was set in motion based on an ejahar lodged by one Birkumar Jamatia(P.W.7), father of the deceased with the officer-in-charge Killa P.S. stating that on 2/12/2015 at about 4.00 p.m his daughter, Binata Jamatia (hereinafter referred to as deceased) left for Maharani Jamtala Bazar from her house but she did not return. So, the informant with his relatives made a search for her but on 5/12/2015, at about 8.00 to 8.30 a.m, one Siddi Kumar Jamatia (P.W.8) of his village informed that the dead body of his daughter was found on the northern side of the new road. So, the informant went there and found the dead body of his daughter lying near a tree. He also alleged that there was sign of blood in various places on the road. He also found the mobile, urna, money bag of his daughter, and one knife. He suspected that someone had killed his daughter.
(3.)Based on that ejahar, Killa P.S. case No.2015/KLA/020 under Sec. 302 of IPC was registered and the investigation of the case was endorsed to S.I. Manik Lal Nandi(P.W.29). Thereafter, the investigation was started and on completion of the investigation, charge sheet bearing No.02/2016 dtd. 10/3/2016 was submitted against the accused-Khakchang Jamatia having found prima facie evidence for the commission of offense under Sec. 302/201 of IPC.
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