- (1.) This criminal appeal under Section 374(2) Code of Criminal Procedure 1973 against the judgment and order dated 11.01.2007 passed by the learned Additional Sessions Judge Court No. 2, Lakhimpur Kheri in Sessions Trial No. 670 of 2003 whereby the Appellant has been held guilty of charge under Section 302 I.P.C. for committing the murder of Km. Manisha, aged about 7 years, the daughter of the informant and sentencing him for life imprisonment with a fine of Rs. 5000/-only, in default of payment of fine to undergo further rigorous imprisonment of one year.
(2.) Thumbnail sketch of the facts of the case is as mentioned hereinbelow:-- The complainant in the instant case is Jagat Pal Raidas who happens to be father of deceased Km. Manisha. The complainant lodged the F.I.R. in question at the police station Kotwali, Lakhimpur on 17.12.2002 at 8.25 a.m. It is said that on 16.12.2002 he and his neighbours Tulsi Ram and Tula Ram were collecting greedfodder for animals from the field of one Ramadhar Verma and his daughter Km. Manisha was also plucking Bathua with him. At about 4.00 p.m. the accusedAppellant Sanjay Kumar, came there and called her daughter giving pretense of eating sugarcane and had taken her away. After sometime he heard the scream of his daughter as such all of them immediately rushed towards alarm. They entered in the sugarcane crop and saw that the accusedAppellant, Sanjay Kumar was inflicting injuries upon his daughter by the scythe (Hasiya) as such he alongwith Tula Ram and Tulsi Ram tried to apprehend Sanjay Kumar but he managed to escape from the spot alongwith scythe (Hasiya). He had the apprehension that the AppellantSanjay Kumar tried to commit rape upon her daughter and when she made alarm he committed murder of his daughter. Thereafter the complainant alongwith others lifted the body of deceased Km. Manisha and brought it at his house. Due to night and also nonavailability of transport he could not reach the police station for lodging of the F.I.R. Therefore, he lodged the F.I.R. on the next day i.e. on 17.12.2002 and the case was registered as Crime No. 1157 of 2002, under Section 302 I.P.C. and 3(2)(5), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, (S.C./S.T.) Act, Police Station Kotwali Kheri, District Lakhimpur Kheri. The Circle Officer (District Kheri) as Investigating Officer after investigation filed the chargesheet against the accusedAppellant, Sanjay Kumar, under Section 302 I.P.C. and Section 3(2)(5)Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, (S.C./S.T.) Act.
(3.) On the basis of the aforesaid chargesheet learned trial court on 22.07.2004 framed charge under Section 302 I.P.C. against the accusedAppellant, Sanjay Kumar, he pleaded not guilty and claimed trial.;