SHAMBHU SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This cr. appeal has been filed by the accused appellant Shambhu Singh under Sec. 374(2) of the Cr.P.C. to challenge the judgment of conviction and sentence dated 8.1.2007 passed by the learned Addl. Sessions Judge (FT), Rajsamand in Sessions Case No. 44/2006 whereby the learned trial court convicted the accused appellant for the offences under Ss. 302 and 376(2)(G) of the IPC and passed the following sentences:

(2.) Brief facts of the case are that initially missing report (Ex. P/1) was filed by PW - -1 Kuwar Singh, father of the victim Usha Kanwar on 4.8.2006 at Police Station Rajnagar whereby it was informed by the complainant Kuwar Singh that my daughter Usha Kanwar aged about 14 years went for grazing goats and buffalo in the Beed (agricultural field) but in the evening although animals come back but his daughter did not come back and my wife and one Ganpat Singh made search of her but she is not tress out. After submitting aforesaid information at about 10.45 pm on 4.8.2006, another written report (Ex. P/2) was filed by PW - -1 Kanwar Singh on 5.8.2006 at 8.30 am in the Police Station, Rajnagar stating therein that upon search, body of my missing daughter is found in the grass of Beed near the wall in the half naked condition and there are so many injuries upon her body. It was suspected by the complainant that unknown person has killed her daughter.

(3.) Upon aforesaid report (Ex. P/2) filed by the complainant, FIR No. 468/2006 was registered on 5.8.2006 at Police Station Rajnagar. After registration of the FIR, the police immediately went on spot and take body in possession while preparing Panchnama (Ex. P/3) in the presence of five witnesses, namely, Keshar Singh, Shiv Singh, Khema Singh, Chain Singh and Sewa Singh. The body of the deceased was brought to the hospital for post mortem and site plan (Ex. P/4) was prepared at 9.15 am on 5.8.2006. Blood stained mud and simple mud were taken from the place of occurrence in the presence of two witnesses Keshar Singh and Shiv Singh. The blood stained cloths of deceased were also taken into possession and kept in sealed bag vide Ex. P/7 and Ex. P/8. After post mortem, the body of deceased Usha Kanwar was handed over to Keshar Singh and Shiv Singh vide Ex. P/12.