NARAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant criminal appeal has been filed by the appellant Narain against the judgment dated 23.06.2012 passed by learned Additional Sessions Judge (FT) Dungarpur in Sessions Case No. 47/2011 by which the appellant was convicted for offence under Sec. 302 Penal Code and sentenced for life imprisonment with fine of L10,000.00 and in default of payment of fine, to undergo two years rigorous imprisonment.

(2.) As per brief facts of the case, the complainant Gangji (PW/7) submitted a written report Ex.P/7 before the S.H.O., Police Station Aaspur alleging therein that his daughter Smt. Valu, got married with accused appellant Narain ten years back, he is habitual for consuming liquor and he used to beat his daughter time and again because he was having suspicion about character of his daughter. It is alleged that prior to six months, his daughter came to his house and after some time, the accused appellant also came there and gave beating to her daughter, but upon intervention by Kachara, she was rescued and thereafter, the complainant and others went to the in-laws house of Smt. Valu and after making serious efforts, left his daughter in the in-laws house. As per allegation in the FIR, prior to two days, the complainant and his daughter went to village Dhanela and saw that accused was quarrelling with his daughter due to suspicion about her character. On 18.05.2011 at about 9 AM, the complainant received a telephonic call from Ex-sarpanch of village Gol about death of his daughter Valu and upon such information, he along with his relatives went to village Dhanela, where they saw that dead boy of his daughter was lying in the house and sign mark were seen on her neck, therefore, it was prayed that action may be taken against the accused Narain because he might have killed her due to suspicion about her character.

(3.) Upon aforesaid written report, Ex.P/7, an FIR No. 11 dated 18.05.2011 was registered at Police station Aaspur District Dungarpur under Sec. 302 IPC. The dead body of deceased was brought to the hospital for postmortem. The medical board performed the postmortem of the body and gave its report Ex.P/5 on 18.05.2011 in which opinion was given by the Medical board that deceased Valu died due to asphyxia which is due to throttling.