TRILOCHAN VERMA Vs. STATE

JUDGEMENT

(1.) Challenge in this appeal filed under Section 374 of the Code of Criminal Procedure 1973 (hereinafter referred to as Cr.P.C) is the judgment dated 30.11.1998 and order of sentence dated 30.11.98 passed by the learned Additional Sessions Judge whereby the appellant has been convicted for committing an offence under Section 302 Indian Penal Code, 1860 (hereinafter referred to as IPC)and sentenced to undergo imprisonment for life together with imposition of fine of Rs. 1000/- and in default to undergo further RI for one month.

(2.) Before we deal with the contentions raised by counsel for the parties, brief narration of the prosecution case as it unfolds in the charge sheet would be necessary and the same is as under:-

(3.) On the night of 18.07.1996 at about 9.30 p.m. accused took his daughter Usha from his house after having food. It is alleged that he went to a drain (Nallah) near Burari Chowk and threw his daughter in the said drain and returned back to his house alone. When his family members asked him about the child Usha, he replied that she had not gone with him. Further allegations are that the wife of the accused had died about one and a half years prior to the alleged occurrence. Accused wanted to remarry and his deceased daughter was coming in the way of settlement of his second marriage and in order to get rid of her, he killed her. It is alleged that he committed her murder by throwing her in the drain of Burari Chowk on 18.07.1996 at about 9.45 p.m. Prosecution machinery came up in action when DD. No. 6A dated 19.07.1996 got registered in the police station Timarpur at about 11.25 a.m. on the information received by wireless operator of the said police station to the effect that Head Constable Banwari Lal had informed that a girl of about two and a half years of age was found dead in Burari main drain outer ring road. Copy of the said DD was sent to SI Dharampal who went at the spot with Constable Rajiv where they found the dead body of the deceased Usha. Dead body of the deceased was taken out from the said drain with the help of fire brigade, Roop Nagar. No external injury or sign of sexual assault was found on the deceased. Proceedings under section 174 Cr.P.C were completed and the body was sent for post mortem. Necessary formalities were done. Site plan was prepared of the alleged place of occurrence and the statements of the family members of the accused who were residing in the same house where accused was living with the deceased daughter and that of the other PWs were recorded. After completion of the necessary formalities and investigation, a report under Section 173 Cr.P.C was filed against the accused in the concerned court. After the committal, the case was assigned to the court of learned Additional Sessions Judge for disposal vide order dated 19.10.96. Charge was framed against the accused vide order dated 12.11.96 for having committed an offence punishable under Section 302 IPC. Accused pleaded not guilty and claimed trial. To prove its case prosecution examined as many as 13 witnesses. Statement of the accused was recorded under Section 313 Cr.P.C and he denied his involvement.