LAL SINGH Vs. STATE OF C.G.

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 23.10.2010 passed by the Additional Sessions Judge (FTC), Balod in S.T. No.2/10 convicting the accused/appellant under Sections 302 & 201 of the Indian Penal Code (for short 'the IPC') and sentencing him to undergo RI for Life & fine of Rs.200/- and R.I. for 06 years & fine of Rs.200/-, with usual default clauses.

(2.) In the present case name of deceased is Kumari Teejan, daughter of accused/appellant and at the time of incident she was aged about 09 years. It is alleged that on account of dispute between accused/appellant and his wife namely Dashoda Bai, wife of accused/appellant left her matrimonial home and started living in her parental home, but deceased Kumari Teejan was living with accused/appellant. On 8.10.2009 as the deceased was not traceable therefore a search was made to trace her and in that process her dead body was found lying in the kitchen garden situated back side of house of accused/appellant. She died because of strangulation. Merg intimation (Ex.P-1) was recorded on 8.10.2009 at the instance of Sadhuram (PW-1), father of accused/appellant & grandfather of deceased, and based on merg inquiry, FIR (Ex.P-16) was registered on 10.10.2009 against unknown person under Sections 302 & 201 of the IPC. Inquest over the body of deceased was prepared on 9.10.2009 vide Ex.P-3 and thereafter post mortem on the body of deceased was done vide Ex.P-11A by Dr. N.K. Thakur (PW-6) who noticed following symptoms and injuries;-

(3.) So as to hold the accused/appellant guilty, the prosecution examined as many as 10 witnesses. Statement of accused/appellant was recorded under Section 313 of Cr.P.C. in which he denied the circumstances appearing against him in the prosecution case, pleaded innocence and false implication.