DEVENDRA KUMAR SEN Vs. STATE

JUDGEMENT

(1.) THIS appeal has been preferred by accused -appellant Devendra Kumar assailing the judgment dated 10.10.2008 passed by learned Additional Sessions Judge No.2 (Fast Track), Kota whereby he has been convicted for offence u/Sec. 302 IPC and sentenced to life imprisonment with fine of Rs.2000/ -, in default whereof, he was to further undergo rigorous imprisonment of two months. He was also convicted for offence u/Sec. 364 IPC and was sentenced to undergo rigorous imprisonment of two months. He was also convicted for offence u/Sec. 364 IPC and was sentenced to undergo rigorous imprisonment of seven years with fine of Rs. 1,000/ - and in default, he was to further undergo one month rigorous imprisonment.

(2.) FACTS of the case are that Sabu Lal (PW -4) lodged the report at P.S. Mahaveer Nagar, Kota on 12.2.2004 at 7.45 a.m. in connection with the occurrence alleged to have taken place on 11.2.2002 at 4.00 p.m. As per the FIR, Sabu Lal (PW -4) submitted the written report Ex.P/1 to the SHO P.S. Mahaveer, Kota to this effect that he is residing in house No.0604 in Sector 4, Keshavpura. Yesterday i.e. on 11.2.2002 at about 3 -4 p.m. Devendra, son of his maternal uncle, who is residing at house No.7 -C -10, Mahaveer Nagar -III, Kota came on scooter NO.RJ -20 -7M -5357 and told to his wife Santosh Bai @ Santa Bai (PW -3) that he is taking her daughters namely; Deepa and Jyoti on scooter for ride. After saying so, Devendra took both the girls on scooter. Informant then mentioned that he was working at the shop of "Nai" at Gumanpura, when he came to his house at about 7.00 p.m., his wife told that Devendra has taken both the children for ride, but he has not come as yet. On this information, he went to the house of Devendra and searched him. It was mentioned that on 12.2.2002 in the morning Devendra met him at the house. His brother and father asked for the girls and he told that he has murdered both the girls and threw their dead body in a pit (Khadda) near Subhash Nagar. They went on the spot with him and found dead bodies of both the girls lying in the pit and one blade was also lying there. Both the girls were taken by Devendra and he has committed their murder. It was also mentioned that they have caught Devendra and brought him there.

(3.) THE police on the basis of the aforesaid written report chalked out a regular first information report for offence against the appellant for offence u/Sec. 302 and 364 IPC. The accused was arrested. On completion of the investigation. Police filed challan against him for the aforesaid offences in the Court of Magistrate. After committal, the trial of the case was made over to the Court of Additional Sessions Judge No.2 (Fast Track), Kota. Charges for offences under Sections 364 and 302 IPC, which the accused -appellant denied and claimed to be tried. The prosecution produced as many as 12 witnesses and exhibited 26 documents. The defence however neither produced any witness, nor exhibited any document.