ANIL @ KHEM CHAND KHATRI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal seeks to challenge judgment dated 27.2.2008 whereby accused-appellant anil @ khem chand khatri has been convicted for offence under section 302 Penal Code as well as order dated 27.2.2008 passed by sessions judge, alwar (for short 'the trial court') whereby he was sentenced to life imprisonment with fine of Rs. 5,000.00, in default whereof he was to further undergo six months' additional rigorous imprisonment. accused-appellant has also been convicted for offence under section 201 Penal Code and sentenced to rigorous imprisonment of one year with fine of Rs. 1,000.00 in default whereof, he was to further undergo one month's additional rigorous imprisonment.

(2.) Facts of the case are that one Ramesh Chand Arora (PW.l) submitted a written report (Exhibit P-7) to S.H.O., Police Station Shivaji Park, Alwar on 12.4.2007 that his daughter Seema was married to the appellant Anil @ Khem Chand Khatri about 13 years ago. Accused-appellant used to subject his daughter to beating and harassment. One son and one daughter were born out of their wedlock, who telephonically informed the informant at 3.30 P.M. on 12.4.2007 that Seema was lying in a pool of blood below the cot in the house and was not responding to their calls and that their father had gone to office. Thereupon, the complainant and his wife immediately started from Jaipur by train and reached Alwar at 8.00 P.M. When they reached the house of the accused-appellant at 2/281, NEB Extension. Alwar, they found their daughter Seema lying dead. The complainant expressed doubt that his daughter must have been murdered by his son-in-law (appellant) and action may be taken against him.

(3.) On receipt of aforesaid written-report, the police registered regular FIR No. 117/2007 (Exh.P/18) for offences under Sections 302/201 Penal Code and commenced investigation. On completion of investigation, the police Filed charge sheet against the accused-appellant for the aforesaid offences on 11.5.2007. The case was committed to the Court of Sessions. Charges for the aforesaid offences were framed against the accused-appellant by the trial Court which he denied and claimed to be tried. The prosecution, in support of its case, produced 16 witnesses and exhibited 81 documents. All the circumstances emerging from oral as well as documentary evidence against the accused-appellant were put to him during his examination under Sec. 313 Crimial P.C. The accused-appellant denied the allegation and stated that his father-in-law has falsely implicated him with a view to grab his property and also taken the custody of his children and he was innocent. Defence did not produce any witness, but exhibited two documents. Upon completion of trial, the trial Court vide impugned judgment and order convicted and sentenced the accused-appellant in the manner as indicated herein above. Hence, this appeal.