SAT PARKASH YADAV Vs. STATE

JUDGEMENT

(1.) Appellant Sat Parkash Yadav impugns the judgment dated 07.03.1998 and the order on sentence dated 10.03.1998 whereby he was convicted for the offences punishable under Section 302 and 201 of the Indian Penal Code, 1860 (IPC for short) for committing murder of his daughter Ruchi, aged about eight years and for destruction of the evidence with the intention of screening himself from the legal punishment. He was sentenced to undergo imprisonment for life and to pay fine of Rs.1,000/- or in default to undergo simple imprisonment for one month for the offence punishable under Section 302 IPC. He was further sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs.1,000/- or in default of fine to undergo rigorous imprisonment for one month for the offence punishable under Section 201 IPC. The substantive sentences awarded were to run concurrently. It goes without saying that the appellant was entitled to the benefit as provided under Section 428 of the Code of Criminal Procedure, 1973 (Cr.P.C. for short).

(2.) Before adverting to the contentions raised and appreciation of evidence, it would be appropriate to have an insight into the facts of the case leading to the registration of the FIR and arrest of the appellant.

(3.) On 17.06.1995 Smt. Sarita @ Rajwati (PW23) accompanied by her husband Sat Parkash Yadav (the appellant) and her brother Prem Dass approached Police Post ISBT with a complaint that her daughter Ruchi, aged eight years, height 3ft. 3 inch went missing from the mini bus stand, ISBT on the previous day at 08:00 a.m. Smt. Sarita @ Rajwati (PW23) by getting DD No.16 (Ex. PW15/A) recorded. She informed the police that on 16.05.2009 at about 8:30 a.m. she along with her daughter Ruchi was waiting for a bus at the mini bus stand. She felt thirsty and therefore went to drink water. On returning, she could not find her daughter. She searched for her and also waited for her but since Ruchi was not found she left for her house. On the next afternoon, she informed that on inquiry her daughter had not been traced anywhere and her daughter was also not available with her relations. The description of Ruchi's wearing apparel was given to the police. According to the prosecution, a case under Section 363 IPC was got registered on 14.07.1995 vide FIR Ex. PW10/A in Police Station Kashmere Gate and wireless messages were communicated to the various parts of the country.