DEEPAK ARYA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present appeal is preferred assailing the judgment and order dated 28.02.2014 passed by the Sessions Judge, Nainital in Session Trial No. 50 of 2013, whereby the accused appellant was held guilty for the offences punishable under Section 457, 363, 376 and 302 IPC; was awarded RI for a period of five years and fine of Rs. 3,000/- and, in default of payment of fine, to serve additional imprisonment for a period of one year under Section 457; to undergo RI for a period of seven years and to pay fine of Rs. 5,000/- and, in default of payment of fine, to serve additional imprisonment for a period of one year under Section 363; to undergo life imprisonment and to pay fine of Rs. 10,000/- and, in default of payment of fine, to undergo additional imprisonment for a period of two years under Section 376 IPC; was awarded sentence of death for the offence punishable under Section 302 IPC.

(2.) Since, the appellant was awarded sentence of death by the Session Court, therefore, record was submitted to this Court for confirmation under Section 366 of the Code of Criminal Procedure.

(3.) As per the prosecution story, in the intervening night of 10.7.2012 11.7.2012, Naveen Ram, PW 1 was sleeping in one room with his wife along with one daughter Swati, while Smt. Bhagirathi Devi, PW5 (mother of PW1 and grand-mother of the deceased), was sleeping in another room with her three grand-daughters including Sanjana @ Nanu (deceased), aged about 8 years; at about 01:00 a.m., when Smt. Bhagirathi Devi, PW5, woke up to relieve herself, then she noticed that Sanjana @ Nanu was not present in the room; PW5 Bhagirathi Devi, grand-mother, immediately informed PW1 Naveen Ram that Sanjana @ Nanu was missing; PW1 Naveen Ram immediately made search for Sanjana @ Nanu, however, in vain; Thereafter, PW1 went to all his neighbours including accused Deepak Arya for the search of Sanjana @ Nanu, however, she could not be traced; PW1 Naveen Ram, accused Deepak Arya and other neighbours started making search about Sanjana in the nearby agricultural fields; at about 05:00 a.m., early in the morning; naked dead body of Sanjana @ Nanu was found in a ditch in one of the agricultural fields; near the dead body of Sanjana @ Nanu, one phial of whitener, piece of the undergarment and sleepers of PW5 Bhagirathi Devi were found lying in the same field; accused lifted the dead body of Sanjana @ Nanu and carried it to the house of Naveen Ram, PW1 and the dead body was kept in the house of PW1 Naveen Ram and, thereafter, PW1 Naveen Ram got registered FIR (Exhibit 1) with the P.S. Lalkuan, District Nainital.