MOHAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the accused-appellant, learned A. G. A. for the State of U. P. and perused the material available on record.

(2.) This criminal appeal has been preferred on behalf of accused-appellant Mohan Singh against the judgment and order dated 30.08.2003 passed by Additional District & Sessions Judge/Special Judge, S.C. & S. T. (Prevention of Atrocities) Act, Etawah in Sessions Trial No.04 of 2002 (State Vs. Mohan Singh) u/s 302 IPC and u/s 3(2) (5) of S. C. & S. T. (Prevention of Atrocities) Act in Case Crime No.327 of 2001, P. S. Bakewar, District-Etawah whereby the accused-appellant was convicted for committing offence u/s 302 IPC and u/s 3 (2) (5) of S. C. & S. T. (Prevention of Atrocities) Act and was sentenced to undergo sentence of imprisonment of life along with fine of Rs.100/- for each offence and in default in payment of fine he was further sentenced to undergo simple imprisonment of one month each for both offences .

(3.) Munna Lal, informant-complainant lodged FIR at P. S. Bakewar on 17.10.2001 at 11.35 am with respect to an incident occurred on the same day at 8.30 am. The FIR reveals that on 17.10.2001 in the morning the daughter of informant-complainant Kumari Kiran went out of the house to attend call of nature, while he along with his nephew Rakesh was sitting outside his house on a platform (Chabutara). After a short while, they heard noise and then they saw that one Mohan Singh was dragging Km. Kiran (informant's daughter) after wrapping a piece of cloth (dupatta) around her neck. The informant-complainant raised alarm then the accused committed murder of informant's daughter by hitting on her face with a brick and fled away. The incident of murder took place at about 8.30 am. The dead body of deceased was recovered from the corner of the field of Udaiveer. So many person came there after hearing the alarm.