VINOD Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been filed against judgement dtd. 7/10/2015 and order dtd. 8/10/2015 passed by the Additional Sessions Judge/Special Judge (E.C. Act), Meerut in Sessions Trial No. 207 of 2010, arising out of Case Crime No. 170 of 2009, under Sec. 302/201 IPC, Police Station Saroorpur, district Meerut whereby the learned Judge convicted and sentenced the appellant to life imprisonment and a fine of Rs.20,000.00 and in case of default in payment of fine, the appellant shall further undergo rigorous imprisonment for two years.

(2.) However, by the same judgement, the learned Judge acquitted co-accused Omkar under Sec. 302/201 IPC and appellant Vinod under Sec. 201 IPC.

(3.) The facts that formed the bedrock of the present criminal appeal are that a written report was given by Kartar Singh (hereinafter referred to as the first informant) at the police outpost Khiwai of police station Saroorpur mentioning therein that the applicant is the resident of village and post Sarauli, district Ghaziabad. His daughter Chanchal (hereinafter referred to as the deceased) aged about 13 years was living with Rati Ram, uncle (Phupha) of his wife since her birth. On 6/6/2009, Rati Ram informed him on telephone that he sustained injuries in his leg due to fall from cart. On that information, when the first informant along with his brother and uncle reached there, enquired Rati Ram about his injury, then he told the first informant that his daughter is missing since 4 O'clock. The first informant asked Rati Ram to accompany him to get the first information report lodged and when the brother of Rati Ram went to his house to wear Kurta, he found the dead body of Chanchal lying at his door.