NAVEEN KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) THE instant appeal is directed by the appellant/accused, against the impugned judgment rendered on 28.05.2010, by the learned Sessions Judge, Una, H.P. in Sessions trial No. 12 of 2009, whereby, the learned trial Court convicted and sentenced the accused/appellant, as under:

(2.) BRIEF facts of the case are that Shankar, the Complainant made a statement under Section 154 of the Cr.P.C. to the police of Police Station, Sadar Una, to the effect that he is residing in the area of Lal Singi, for the last about 11 years. His sister Chandrawavti and her husband Naresh had also been residing near his hut. His brother -in -law (Behnoi) Naresh has gone to his native place in Utter Pradesh about 20 days ago. His sister along with her daughter had stayed back. On 24.6.2009, he along with his family had left for work in village Madanpur Basli. His sister Chandravati and her daughter had stayed back in her hut. He along with his family had returned to their hut at about 7.00 P.M. His sister Chandravati was not present in the hut. The daughter of Chandravati, aged about 7 years, on inquiry disclosed that her mother had gone to collect fuel wood in the nearby area. He waited for some time and when his sister did not turn up, he along with other labourers of the labour colony had left in search of Chandravati, but they could not trace her. As such, he and his companions had returned to their premises at about 12 of the night. In the morning, he along with other men again started searching for his sister. When they reached near hut of Beli Ram, he found a plastic chappal of his sister in the field. When he along with other people had stepped ahead, he had seen the dead body of her deceased sister. He informed the police. The statement of complainant was sent to the police station, on the basis of which, FIR came to be registered in Police Station, Sadar Una. The investigation was conducted in the case by the police and during the course the investigation, the accused was arrested for his having committed the offences punishable under Section 376, 397 and 302 of the Indian Penal Code.

(3.) ACCUSED was charged for his having committed offences punishable under Sections 397, 376 and 302 of the IPC, by the learned trial Court to which he pleaded not guilty and claimed trial.