RAKESH KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) The appellant, hereinafter referred to as the accused, stands convicted by the learned Sessions Judge, Chamba, in Sessions Case No. 2/of 1998 vide judgment dated 3.11.1999 for the offence under Section 302, Indian Penal Code and sentenced to undergo life imprisonment and to pay a fine of Rs. 5,000. In default of payment of fine, the accused has been sentenced to undergo simple imprisonment for a further period of six months.

(2.) Briefly, the prosecution story is this. The deceased Km. Anju daughter of PW 1 Jagat Ram of village Salwan, Tehsil and District Chamba, was having a love affair with the accused, who is distantly related to her as a paternal uncle. Such affair was not to the liking of the parents of the deceased. The accused was also having friendly relations with PW 2 Manoj Kumar, the brother of the deceased. On 25.4.1998, the accused had visited the house of PW 2 Manoj Kumar and remained with him for about two hours. When the accused was still in the company of PW 2 Manoj Kumar at his house, the deceased left for the jungle to graze her cattle. After sometime the accused also left the house of PW 2 Manoj Kumar. In the meantime it started raining. PW 4 Smt. Tulsi, the mother of the deceased, went to the jungle in order to deliver a shawl to the deceased. She found the accused and the deceased sitting together and talking to each other. She inquired from the accused as to why he was sitting there, upon which the accused replied that he was having some work with the deceased. PW 4 Smt. Tulsi then reprimanded both the deceased and the accused and also directed the deceased to return home alongwith the cattle. She also asked the accused to go away. The deceased after some time returned home. The accused followed her to her house. PW 4 Smt. Tulsi again reprimanded the accused for his conduct and asked him to leave. On having been asked by her mother, the deceased told her that she was being harassed by the accused for the last about two hours.

(3.) At about 7.30 p.m. when the meals were to be taken, PW Tulsi Devi found that the deceased was not present in the house. She asked her son PW 4 Manoj Kumar to search for her. PW 4 Manoj Kumar accompanied by one Bittu went out in search of the deceased. She could not be found.