BHUWAN SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) A First Information Report (Ext. Ka-1) was lodged by the informant Lakshman Singh on 12.11.2004 at 9:30 am at Police Station Gadarpur District Udham Singh Nagar alleging that while his daughter Km. Vandana, aged about three years, was playing along with other children of the village at kharanja in front of his house at 6:30 pm, Bhuwan Singh son of Pancham Singh r/o of village Sethwala carried her towards the river. While carrying the girl child in his lap, he was seen by the villagers Preetam Singh, Radholi Devi and Smt. Premwati. Informant Lakshman Singh had gone somewhere for some work at that time. When he came back at home his wife Shimlo Devi told him about the incident and also said that Vandana (victim) had not come at home by then. The informant with the help his family members and villagers searched his daughter Vandana in night but she could not be traced. On 12.11.2004 again the informant with the help of his family and villagers started searching his daughter. At around 8:00 am the dead body of his daughter was found in half naked condition on the grass on the bank of river Nakatiya near the field of Krishna Singh. Bhuwan Singh killed his daughter after committing rape with her.

(2.) On the basis of complaint (Ext. Ka-1) of Lakshman Singh, chik FIR (Ext. Ka-10) was lodged at PS Gadarpur district Udham Singh Nagar on 12.11.2004 at 9:30 pm. The distance between the place of occurrence and the police station was 4 kilometers and hence, there appeared to be no delay in lodging the First Information Report, registered in connection with the offences punishable under Sections 363, 366, 376, 302 and 201 IPC.

(3.) After the investigation, charge-sheet was submitted against the accused appellant Bhuwan Singh as regards offences punishable under Sections 363, 366, 376, 302 and 201 IPC. Trial began. Charges were framed against the accused-appellant Bhuwan Singh for the offences punishable under Sections 363, 366, 376, 302 and 201 IPC, to which he pleaded not guilty and claimed trial. As many as 14 prosecution witnesses were examined. Statement of accused appellant Bhuwan Singh under Section 313 Cr.P.C. was taken in which he stated that complainant lodged a false report in connivance with one Preetam Singh. He had a scuffle with Preetam Singh in which he (Preetam Singh) had threatened that he will involve accused-appellant in a false case. Accused appellant did not adduce any evidence in defence.