BHOJRAJ Vs. STATE OF U P

JUDGEMENT

(1.) M. C. Jain, J. The appellant in this appeal is one Bhojraj, son of Sheo Bux Singh resident of village Chobara, Police Station Shajaanpur, District Alwar, (Rajasthan ). He has been convicted under Sections 302 and 307 IPC. The sentence passed under Section 302 IPC is life imprisonment and ten years rigorous imprisonment under Section 307 IPC. Both the sentences have been directed to run concurrently. The judgment was rendered by Sri B. L. Sachdeva, the then Ist Additional Sessions Judge, Ghaziabad in Sessions Trial No. 144 of 1985.

(2.) THE deceased was a child named Rekha aged about three years, the own daughter of the accused appellant. He also allegedly attempted the murder of his wife Maya Devi. THE incident took place on 2-9- 1984 at about 4. 30 a. m. at Ganga River Bridge Brijghat, P. S. Garh Mukteshwar, District Ghaziabad. THE broad spectrum of the prosecution case may be set forth for the appreciation of the discussion that would succeed thereafter. Maya Devi was married to the accused appellant Bhojraj, a constable in C. R. P. F. , who was posted at Durgapur (West Bengal) at the time of the incident. After two years of the marriage, a daughter was born to Maya Devi who was named as Rekha. In 1984, the accused appellant took leave from 19-7-1984 to 16-9-1984. At that time, his wife Maya Devi was putting up with her parents in village Ujina, Tehsil Nuh, District Gurgaon (Haryana ). THE accused appellant went to his father-in-law's house and told him that he would take her with him to Durgapur where he was posted. THE allegation from the side of the prosecution is that the accused appellant suspected the fidelity of his wife Maya Devi.

(3.) THE injuries were simple in nature and caused by friction. THE duration was estimated to be about two days.