Decided on September 27,2013



Umesh Chandra Dhyani, J. - (1.) PW 1 Smt. Neela Devi wrote a complaint (Ext. Ka -1) to the Inspector, Police Station, Kotwali Champawat, District Champawat on 24.02.2008 against accused -appellant Jagdish Ram for the offence punishable under Section 302 of IPC. The incident took place on 23.02.2008, at around 04.00 P.M. and the criminal law was set into motion at the instance of PW1 on 24.02.2008, at 10:00 A.M. PW1 came to know of the incident in the night. The distance between the place of incident and the police station concerned was 25 kilometers and, hence, there appears to be no delay in lodging the FIR. Accused -appellant was none, but the husband of PW1.
(2.) PW 1 wrote in her report that she was married to one Joga Ram some eight years ago. Joga Ram used to assault and harass PW1 and, therefore, PW1 alongwith her daughter was living at her parental home. PW1 was married to the accused -appellant some three months before the date of incident. PW1's daughter (begotten out of her first wedlock) also came in her new matrimonial home. On 23.02.2008, at around 04:00 P.M., accused -appellant took the victim on the pretext of going to tailor's shop (for stitching new clothes for her). The victim was dumb. When PW1's husband (appellant) returned in the night, PW1 enquired from him regarding whereabouts of the daughter (victim). Initially, accused -appellant did not disclose anything. On being persuaded by PW1, accused -appellant replied that he has killed his daughter and thrown her in river Lohawati. PW1 was perplexed. She cried and narrated the incident to the villagers. PW1's husband fled away in the night. Thereafter PW1, with the assistance of scribe Amar Nath, wrote a complaint (Ext. Ka -1). After the investigation, a charge -sheet (Ext. Ka -10) was submitted against the accused -appellant under Section 302 of IPC. The case was committed to the Court of Sessions. When the trial commenced and prosecution opened it's case, charge for the offence punishable under Section 302 of IPC was framed against the accused -appellant, to which he pleaded not guilty and claimed trial.
(3.) PW 1 Smt. Neela Devi, PW2 Hukum Singh, PW3 Aan Singh, PW4 Kishan Ram, PW5 Lal Singh, PW6 Dr. P.D. Pangaria, PW7 Head Constable Harish Ram, PW8 Jagdish Ram, PW9 Fakir Ram, PW10 Km. Laxmi, PW11 Vijendra Singh and PW12 S.H.O. R.S. Tolia were examined on behalf of the prosecution. Incriminating evidence was put to the accused under Section 313 of Cr.P.C., in reply to which he said that the case against him was false. No evidence was given in defence. Accused said that he was unaware as to who threw PW1's daughter into the river. After considering the evidence on record, learned Sessions Judge, Champawat, vide judgment and order dated 20.07.2010, convicted accused -appellant under Section 302 of IPC and sentenced him to undergo rigorous imprisonment for life alongwith a fine of Rs. 10,000/ -. Aggrieved against the impugned judgment and order, present appeal was filed by the convict from jail.;

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