STATE OF U P Vs. RANJEET YADAV

JUDGEMENT

(1.) The present appeal has been preferred by the appellant against the judgment and order dated 29.6.2013 passed by Additional District Judge-V, Barabanki in S.T. No. 492 of 2012 convicting and sentencing the appellant under section 376 (2) (F) I.P.C. with imprisonment for life and Rs. 5,000/- fine and under section 201 I.P.C. 5 years imprisonment and Rs. 3,000/- fine, and under section 302 I.P.C. imprisonment of death (hanged to death).

(2.) The prosecution case in brief is that a written report was given by the informant Rajesh Kumar Yadav son of Sant Saran Yadav resident of Gram Maujabad, Majre Shahpur, police station Deva, District Barabanki on 8.4.2012 stating that on 7.4.2012 there was a Mundan ceremony of his youngest daughter Laxmi in which many relatives were present. His daughter, namely, Baby @ Devika at about 10 p.m. went to his father's cot for sleeping. The informant and his other family members were busy in entertaining the guests. After completion of said ceremony when all the relatives gone, the informant along with his family members slept in the Pundal itself where the said ceremony was held. On 8.4.2012 after waking up when his daughter was not seen, he along with his family members starting searching her. At about 5 p.m. his son while searching her reached at the wheat field of Qamaruddin Halwai where he saw his daughter lying in a dead condition. On receiving the information, the informant reached at the spot and saw his daughter in a dead condition. On her person, he saw injuries including abrasion on private parts of body from which it was clear that his daughter was murdered, hence leaving the dead body on the spot, he informed the concerned police station for necessary action.

(3.) On the basis of written information Ex. Ka-1, an F.I.R. was registered as case crime no. 87 of 2012 under section 302, 201 I.P.C. against unknown person on which investigation started. On 9.4.2012, the informant Rajesh Kumar Yadav had given further an information at police station Kotwali Deva that he had lodged an F.I.R. for the murder of his daughter on 8.4.2012 and on 9.4.2012 after post mortem of the deceased was conducted and the last rites of the deceased was performed his relatives and other villagers had gathered on which one Vinod son of Garibe Prasad and Shrawan son of Nageshar resident of Gram Mohnapur, police station Jaidpur, District Barabanki, who on 7.4.2012 had come in the Mundan ceremony of his daughter and was present at night informed the informant that on 7.4.2012 at about 11 p.m. when they were coming to his house from the side of school then they saw Ranjeet son of Ram Aadhar of the village taking a girl but at that moment they could not know that it was the daughter of the informant, namely, Baby @ Devika. The informant had earlier some suspicion about the involvement of accused Ranjeet. The Dog Squad of the police had also visited the house of Ranjeet, who taking advantage of the situation had committed rape and murder of his daughter and further he made request that the said information may be also taken into account and be made part of investigation. The information given by the informant which was registered as case crime no. 87 of 2012 under section 302, 201 I.P.C., the investigation was conducted.