KUNWAR PAL Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been preferred by the appellant-Kunwar Pal against the judgment and order dtd. 4/11/2009, passed by Additional Sessions Judge, Court No. 13 Bareilly, in Session Trial No. 946 of 2007 (State vs. Kunwar Pal) arising out of Case Crime No. 26 of 2007, under Ss. 302, 376, read with sec. 511 Indian Penal Code (I.P.C.), Police Station Awala, District Bareilly, whereby the accused was convicted and awarded sentence under Sec. 302 IPC for life imprisonment and fine of Rs.15,000.00 in default accused was directed to undergo further imprisonment for one year. Accused was acquitted of charges under Sec. 376 read with sec. 511 of IPC.

(2.) The facts giving rise to this appeal are that complainant Omkar Jatav submitted written-report at Police Station Awala, District Bareilly, stating therein that on 18/1/2008 at 11:30 in the morning when six years old child-girl who had accompanied with appellant was found dead in his house. The prosecution was moved into motion by father of the deceased alleging that she had been raped and then murdered. The Investigating Officer conducted the investigation and being satisfied that case was made out, submitted charge-sheet against the accused-appellant, under Ss. 302, 376, read with sec. 511 IPC.

(3.) As accused was facing charges under Ss. 302, 376, read with sec. 511 IPC, the case was committed to the court of Sessions. Learned trial court has framed charges on 29/3/2008 against appellant under Ss. 302, 376, read with sec. 511 IPC. Charges were read over to the accused, who denied the charges and claimed to be tried.