SHIVPRAKASH SHRIHARKHNARAYAN GUPTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The original accused, charged for an offence under section 302 of the Indian Penal Code, has filed this appeal challenging his conviction and sentence rendered by the learned 6th (Adhoc) Additional Sessions Judge by judgement and order dated 19.06.2012 in Sessions Case No. 207 of 2009.

(2.) Guddu Yadav was the complainant who filed the First Information Report on 26.05.2009. According to the first informant, he was a resident of Karmayogi chawl where he lived with his cousin Ram Bachchan and his cousin brother's wife Nirmalaben and her three children. Of the three children, Nidhi was aged 9. On 24.05.2009, according to the first informant, Nirmalaben left for job in the morning and Nirmalaben's son Satyendra had returned after his night duty. Her husband Ram Bachchan was away. Nidhi, Nirmalaben's daughter aged 9 was at home. When Nirmalaben returned home in the evening at 6, she found Satyendra sleeping in the room, while Nidhi was missing. When they looked out for her she could not be found. A police complaint was, therefore, lodged in the midnight. According to the complaint, the chawl in which they were staying was owned by one Hajir Ali and was managed by one Dineshbhai who owned a grocery shop in the chawl. On 26.05.2009, one of the sweepers informed them that a foul smell was emanating from room no. 37 and when the said room was opened by Dineshbhai they found the body of Nidhi. Accordingly, a charge was framed at Ex. 4 by the learned Additional Sessions Judge. The accused Shivprakash Gupta was charged for an offence under section 302 of the Indian Penal Code.

(3.) The complainant Guddu Yadav was examined as P.W. 1 at Ex. 7. According to this witness, on 24.05.2009, he along with Nirmalaben left for work at 08.30 in the morning. Nirmalaben's son Satyendra had returned after his night duty and was sleeping when they left for work. Nidhi was at home that time. When they returned from work at 6 in the evening, Satyendra was still sleeping. When asked about the whereabouts of Nidhi, Satyendra informed the mother that Nidhi was playing outside. Not finding Nidhi in the vicinity, they started looking out for her in the vicinity. A police complaint was lodged in the morning of 26.05.2009. At 8.00 am, Nidhi's body was found from room no. 37. The room was locked from outside. It was unoccupied. When being informed by the occupant of the room next door of a foul smell emanating, room no. 37 was opened. Blood stains were found on the floor around the body. This witness further stated that he suspected Shivprakash of the offence. Shivprakash's face was marked with abrasions and bruises and when asked he said that he had been injured when he scratched himself with his nails. The police had recorded his further statement.