NITTU Vs. STATE

JUDGEMENT

(1.) HEARD learned counsel for the parties and perused the entire material available on record.

(2.) THIS appeal has been preferred against the judgment and order dated 20.01.2003 passed by learned Additional Sessions Judge, Roorkee in Sessions Trial No. 164 of 2000, State v. Nittu, whereby the appellant/accused has been convicted u/s. 302 IPC and sentenced to undergo rigorous imprisonment for life, along with fine of Rs. 5,000/ - and in default of payment of fine, he was directed to undergo additional one year's simple imprisonment. The appellant/accused was further convicted u/s. 376 IPC and sentenced to undergo seven years' R.I. with fine of Rs. 4,000/ - and in default of payment of fine, to undergo further simple imprisonment for seven months.

(3.) THE post -mortem was conducted at about 2:30 PM while the time when Km. Punam was left alone by her grandfather in the field was about 2:00 P.M. So, the incident had occurred quite about 24 hours ago, i.e. between 2 -3 P.M. on 8.1.2000 and this deposition of medical officer is perfectly in consonance with the occurrence of date and time of incident, as disclosed by the prosecution.