SOHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the judgment impugned dated 29.09.2008 learned Additional Sessions Judge No.1, Bhilwara convicted the accused-appellant for the offences punishable under Sections 302, 364 and 201 IPC. For the offence punishable under Section 302 IPC, the accused has been sentenced to undergo life term imprisonment with a fine of Rs.2000/- with a default stipulation. For the offence punishable under Section 364 IPC, the sentence awarded is of seven years' rigorous imprisonment with a fine of Rs.1000/- with default stipulation and for the offence punishable under Section 201 IPC, the accused has been sentenced to undergo one year's rigorous imprisonment with a fine of Rs.500/- with default stipulation.

(2.) The facts necessary to be noticed for adjudication of the present appeal are that on 24.03.2007, Mr. Chhagan Lal Bheel (P.W.1) submitted a written report to the Station House Officer, Police Station Raipur with assertion that on 23.03.2007, while proceeding to have labour, he left his wife Mrs. Ambu Devi and children at home. On returning to home in evening, he did not find his elder daughter Deu, aged eight years. Mrs. Ambu, who returned to home at 07.00 p.m. from the fields, conveyed that she left Deu at home to look after the other young kids. Necessary search of the missing girl was made in night, but of no consequence. In morning, some information was received about recovery of a dead body of a girl hanging on a tree and on seeing that was found to be of Deu.

(3.) On basis of the written report aforesaid, investigation commenced as per the provisions of Section 174 CrPC. The corpse of deceased Deu was subjected to autopsy and according to the report of that, the cause of death was peripheral circulatory restriction due to electric shock. The viscera of stomach, its contents, liver, spline and kidney were taken and sent for their examination to the forensic science laboratory.