AMIN KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal appeal has been filed by appellant-Amin Khan @ Aamin Khan under section 374(2) of Cr.P.C., 1973 assailing the validity of judgment dated 05th of March, 2011 passed by learned Addl. Sessions Judge (FT) No.2, Pali (for brevity, hereinafter referred to as "Trial Court") in Session Case No.1/2010, arising out of F.I.R. No.195/2009 of Police Station Rohat, District Pali whereby the learned trial court convicted the accused appellant for offence under section 376(1) and 306 of IPC and passed following sentence, which reads as under:- <FRM>JUDGEMENT_221_LAWS(RAJ)8_2017_1.html</FRM>

(2.) As per facts of the case, before registration of the FIR initially a written report (Ex.P/14) was lodged by accused appellant himself on 15.07.2009 at Police Station-Rohat, in which he (appellant) gave report to the effect that today in the morning at 08.30 AM my daughter went for taking water from the water tank situated in the house, but accidently she fell down in the water tank and at 9'O Clock, my younger brother informed me on mobile that in the house where my wife and daughter were living, my daughter fell down in the water tank and died. The dead body of Ms. "A" (deceased) was taken out from the water tank in the presence of two witnesses, viz. Mohan Singh and Chatura Ram. It was informed by the accused appellant to the police that he has no doubt upon any person.

(3.) Upon the aforesaid information given by the appellant, the dead body of the deceased was sent for postmortem and proceedings under Section 174 Cr.P.C., 1973 were initiated. As per postmortem report, the cause of death was asphyxia due to drowning. After postmortem, the dead body of deceased was handed over to the appellant vide Ex.P/9. At the time of incident, the deceased was 16 years of age.