RAJENDRA SHARMA Vs. STATE OF U. P.

JUDGEMENT

(1.) This appeal arises out of judgment and order of conviction and sentence dtd. 27/1/2016 passed by Additional Session Judge, Court No. 6, Aligarh, in Sessions Trial No. 604/2013, State of Uttar Pradesh Vs. Rajendra Sharma, arising out of Case Crime No. 1161/2012, Police Station- Gandhipark, District- Aligarh, convicting the appellant, Rajendra Sharma, u/s 302, 201 I.P.C. and sentencing him to undergo imprisonment for life and a fine of Rs.20,000.00 u/s 302 I.P.C. and imprisonment of 3 years and a fine of Rs.5,000.00 u/s 201 I.P.C. with default stipulation in both Sec. .

(2.) According to prosecution case, informant, Radhey Lal, son of late Uttam Chandra Sharma, submitted written report (Ext.Ka.1) on 21/12/2012 in Police Station- Gandhipark, District- Aligarh, to the effect that accused-appellant, Rajendra Sharma, son of Roshanlal, ran a dye factory on Ravanteela road. The informant's son, Suraj, visited the factory for getting training in the dyeing work. The accused-appellant, Rajendra Sharma, often visited the house of informant, for calling his son to the factory. During course of such visits, accused-appellant, Rajendra Sharma, and informant's daughter, Rani, fell in love with each other. The informant, his wife and his son had no knowledge that accused-appellant, Rajendra Sharma, was earlier married to Ballo. Accused-appellant left his wife, Ballo, and seduced his daughter, Rani, and married her in some temple about three years earlier to her murder. The informant's daughter, Rani, started living with accused-appellant, Rajendra Sharma. Their marital relation was cordial for one year. After this period, accused-appellant, Rajendra Sharma, started torturing and beating his daughter, alleging that she is characterless. The informant's daughter, Rani, requested the informant on phone that he may save her from the accused-appellant otherwise he will murder her as he has expelled his first wife, Ballo, after beating her. Two days earlier in the evening at 7 p.m., accused-appellant, Rajendra Sharma, had informed the informant's son, Suraj, that Rani had left his home. If she has reached her parental home, she may be sent back. After getting this information, informant Radhey Lal, visited the residence of accused-appellant, Rajendra Sharma, and enquired about his daughter, Rani, but Rajendra could not give any satisfactory explanation about the disappearance of Rani. After not getting proper explanation from the appellant about the whereabout of her daughter, Rani, the informant searched for his daughter, Rani, at different places. On 21/12/2012 at 2 p.m., on getting information, he visited village- Bhadesi, with his son, Suraj, and son-in-law, Deepak, where he found the dead body of his daughter, Rani. After murdering his daughter, her face was burnt to make her unidentifiable.

(3.) On the written report of the informant, a first information report against accused-appellant, Rajendra Sharma, was registered on 21/12/2012 at 16.10 hours in Police Station- Gandhipark, DistrictAligarh (Ext.Ka.4) as Case Crime No. 1161 of 2012 u/s 302, 201 I.P.C. The lodging of the first information report was mentioned in the G.D. of the case at the same time which is as (Ext.Ka.5).