- (1.) Rajbir son of Baldev aged 20 years at the time of trial, is before us challenging the correctness of judgment dated 1.5.2009 and order of sentence dated 5.5.2009 convicting and sentencing him in the following terms: Offence Sentence 302 IPC To undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/-. In default of payment of fine, he shall further undergo RI for one year. 25 of Arms Act, 1959 To undergo rigorous imprisonment for two years and to pay a fine of Rs.2000/- in default of payment of fine, he shall further undergo RI for two months.
(2.) The appellant has been convicted under Section 302 of the IPC for murder of a 13 years old girl and for an offence under the Indian Arms Act, 1959.
(3.) The law was set into motion by Smt. Rajpati wife of Ramesh, mother of the deceased by recording a statement, on 14.10.2008 before Bhim Singh SI/SHO, P.S. Garhi that she was doing house hold chores and Ram Kumar her husband's elder brother was sitting out side in the street. As she came out of the house, she heard the cries of her daughter coming from the deserted house of Lakha @ Ram Sarup situated in the street at the rear of their house. They rushed to the deserted house and saw Rajbir holding her daughter from her neck with one hand and with the other holding a knife. Rajbir inflicted knife blows on her daughter, then twisted her neck and ran away with the knife. Her daughter died at the spot due to injuries inflicted with the knife and as her neck was broken. Rajbir intended to outrage the modesty of her daughter. Rajbir had already committed a similar act but a complaint was not filed. Smt. Rajpati affixed her right thumb impression on the statement which was also signed by Ram Kumar and after endorsement Ex.P-1/2, it was forwarded to Police Station, Garhi where FIR No.110 dated 14.10.2008 was registered under Section 302 of the IPC, citing the appellant as the accused.;