KUNAL MAJUMDAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal at the instance of the sole accused is directed against the judgment of the Division Bench of the High Court of Rajasthan at Jodhpur dated 11.7.2007 in Criminal Murder Reference under Section 361, Cr.P.C. along with Criminal Appeal No.1/2007 as well as Criminal Appeal No.243 of 2007 and Jail Appeal No.313 of 2007 under Section 374(2) Cr.P.C. against the judgment and conviction dated 09.3.2007 passed by learned Additional Sessions Judge (Fast Track) No.1, Jodhpur in Sessions Case No.2 of 2006. The appellant was proceeded against for charges under Sections 376 and 302, IPC.

(2.) According to the prosecution, on 18.1.2006, a complaint (Exhibit P-6) was preferred by one Laltu Manjhi before the SHO, police station Shastri Nagar, Jodhpur wherein it was alleged that his daughter Bharti (the deceased) was employed as a housemaid in the residence of the appellant and that 25 days prior to the date of complaint, one Sudip De, through whom his daughter came to be employed with the appellant, informed him over phone that his daughter wanted to speak to him, that when he talked to his daughter, he could sense the plight of his daughter in the residence of the appellant, that though his daughter wanted to explain her ordeal at the instance of the appellant, she was prevented from talking to him in detail and that on the morning of 16.1.2006 at about 5 O' clock, he received an information through Sudip De that the appellant informed him over phone that his daughter fell unconscious due to Vertigo and was admitted to hospital. On such information, when the father of the deceased reached Jodhpur, the appellant informed him through Sudip De that his daughter was dead and that he could only see the body of his daughter in the Mortuary of the M.G.Hospital on 18.01.2006 where he noted the injuries all over the body of his daughter. According to him, he received information through the neighbours of the appellant that the appellant was constantly torturing the deceased during the preceding two months during which period she was employed at the house of the appellant apart from his immoral behaviour towards his daughter. It was his further allegation that his daughter was killed by the appellant by strangulation.

(3.) Based on the above report, the case was registered as Crime No.31 of 2006 and after investigation, the final report came to be filed pursuant to which charges were leveled against the appellant for offences under Sections 302 and 376, IPC.