NAURANG Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Sri Krishna Mohan Tripathi, learned counsel for the appellant and Smt. Seema Shukla, learned AGA, appearing on behalf of the State.

(2.) This criminal appeal has been preferred by appellant, Naurang, against the judgement and order dated 05.05.2009 passed by the Additional Sessions Judge, Court no.7, Moradabad in Sessions Trial No.375 of 2007 (State Vs. Naurang) convicting and sentencing the appellant for committing offence under Section 306 I.P.C to rigorous imprisonment of five years and fine of Rs.3,000/- and in default of payment of fine appellant has been directed to under go further simple imprisonment of three months.

(3.) Prosecution case in brief is that informant, Jai Singh, son of Prem Singh Jatav is resident of Karnawala Japti, Police Station Thakurdwara. On 11.12.2006 at 1.00 p.m. his daughter, Nemwati, aged 16 years, went to the field along with her mother. There was some gap between them. A boy hidden in the field named, Naurang, came from behind and nabbed her daughter with intent to outrage her modesty and began to drag her in the field. On her alarm and cry for help, her mother came and on seeing her, the boy fled away leaving behind his sleepers. Her daughter came back to the house and being shocked and mentally upset she committed suicide by hanging herself. At the time of commission of suicide by the deceased no one was present in the house. At about 3.00 p.m. younger brother of the deceased, Vipin Kumar, came and saw her hanging. On his shouting people nearby came and she was brought down. Deceased was taken to the doctor who found her brought dead.