JITENDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant criminal appeal under Sec. 374 (2) of the Code of Criminal Procedure, 1973 has been preferred on behalf of the accusedappellant, namely Jitendra @ Chandi son of Shri Bhagwan Singh assailing the impugned judgment of conviction and the order of sentence dtd. 17/3/2018 passed by the Court of learned Additional Sessions Judge, No.2, Tijara District Alwar, in Sessions Case No.06/2017, whereby the accused-appellant was convicted and sentenced as under :- <IMG>JUDGEMENT_311_LAWS(RAJ)1_2022_1.jpg</IMG> Both the sentences were ordered to run concurrently.

(2.) The brief facts giving rise to this appeal are as follows :- Complainant - Kushal Singh (PW-3) had submitted a written-report (Exhibit-P/5) to the S.H.O. Police Station Tapukada District Alwar alleging therein that Seema daughter of Makhan Singh, was married to Jitendra. After marriage, Jitendra used to beat Seema, as a result of which she came to the residence of her Mausi (maternalaunt). Jitendra also came there and started living with her. He used to beat her after consuming liquor. Few days ago, Jitendra took Seema at his house after enticing her and tried to kill her by beating. Upon this, Gurmukh Singh had beaten Jitendra. Yesterday, on 21/10/2016 at about 03.00 P.M. the landlord informed that the room is locked for four days and there is foul smell coming from the room. Police was called and the lock was broken. Dead-body of Seema was found there but Jitendra had already absconded from the place of occurrence.

(3.) On the aforesaid information, an F.I.R. bearing registration No.325/2016 (Exhibit-P/6) came to be lodged at Police Station, Tapukada District Alwar for offences punishable under Ss. 302 and 201 of Indian Penal Code. After completion of investigation, the Police presented the charge-sheet against the accused-person.