AKRAM KHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been preferred by Akram Khan son of Akhtan Khan impugning judgment and order dated 01.07.2010 and 02.07.2010 respectively whereby he has been convicted for the offence punishable under Sec. 302 IPC and sentenced to undergo imprisonment for life besides pay a fine of Rs. 20,000/ - and to further undergo rigorous imprisonment for two years in default of payment of fine and further convicted for the offence punishable under Sec. 376 IPC and sentenced to undergo rigorous imprisonment for 10 years besides pay a fine of Rs. 10,000/ - and to further undergo rigorous imprisonment for one year in default of payment of fine.

(2.) Prosecution was set in motion on the statement Ex.PC of complainant Chote Lal PW3 recorded on 27.09.2006 before SHI/SHO Ashwani Kmar PW6. He disclosed that on the intervening night of 26/27.09.2006 he alongwith his daughter Baby aged about 11 years and other members of his family had gone off to sleep together after watching television till 12 o'clock. His daughter Baby was found missing from her bed on the morning of 27.09.2006. He proceeded to his cousin Krishna's house and started searching for her. While looking for her, Baby's dead body was discovered lying in a vacant plot having a boundary wall under the bushes behind residential house of the complainant. Strangulation marks were found on the neck of the deceased as well as bleeding from private parts was noticed. He stated that some unknown person appears to have enticed and abducted her from his house and strangulated her to death after committing forcible intercourse. Legal action was prayed for.

(3.) On the basis of this statement, formal FIR Ex. PC/2 was registered. A gents slipper of brown colour recovered from near the body was taken in possession vide memo Ex. PF. Inquest report Ex. PC/4 was prepared. Post mortem report Ex.PB was received in which it was stated that the cause of death would be given after receiving chemical examiner's report. On receipt of chemical examiner's report Ex. PC Board of Doctors, who conducted the post mortem report opined that the cause of death was strangulation.