KALI DASS Vs. STATE THROUGH POLICE STATION, RAMNAGAR

JUDGEMENT

(1.) THIS Criminal Appeal is directed against the judgment and order dated 30.12.2000 passed by the learned Sessions Judge, Udhampur in File No.48/Session, titled State Vs. Kali Dass, whereby the appellant has been convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.1000/ - for commission of offence under Section 302 RPC. In default of payment of fine, the appellant to undergo simple imprisonment for a period of six months. He has also been sentenced to undergo rigorous imprisonment for three years under Section 201 RPC and to pay fine of Rs.500/ -. In default of payment of fine, to undergo simple imprisonment for a period of three months. Both the sentences have been ordered to run concurrently.

(2.) THE prosecution story, in brief, is that PW -Labu Ram filed a written complaint stating therein that he had come to village ËœPangerâ„¢ where his in -lawsâ„¢ house is situated. Smt. Vidya Devi -his sister has also been married in the same village, to accused -Kali Dass. Her daughter, namely, Rekha, aged about 10/12 years has died. On coming to know that Rekha, aged about 10/11 years, daughter of his sister has died, he came to the house of his sister. He saw that his brother -in -law, Kali Dass, himself was taking the deceased -Rekha for cremation. He inquired from his sister the cause of death of the deceased - Rekha. She narrated the whole incident and told that the accused with criminal intention has killed her daughter. The complainant proceeded towards cremation ground and saw the dead body having number of injuries. On cremation ground, many people of the village including Numberdar were present. He told them that deceased Rekha has been killed by her father and he should be restrained from cremating the dead body as he is proceeding to inform the Police. He proceeded to the Police Station and reached there at about 8.30 p.m. FIR No.79/98 was lodged with Police Station, Ramnagar and the Police during same night reached on the spot at about mid -night and investigation commenced.

(3.) DURING investigation it was found that PW -Thakur Dass accused Rekha of committing theft and complained to her father/accused Kali Dass. Accused has beaten his daughter ruthlessly and when her mother intervened, the accused abused her also. The deceased succumbed to the injuries. She was cremated despite resistance shown by Labu Ram, maternal uncle of the deceased. On 28.08.1998, site plan of the place of occurrence was prepared at the instance of mother -Vidya Devi. Wearing apparels, burnt bones and ashes of the deceased were seized and sealed alongwith ring and kept on the superdnama. Disclosure statement of the accused was recorded on 30.08.1998 and at his instance weapon of offence was also recovered. Statements of witnesses under Section 161 Cr.P.C. were recorded and challan was presented.