RAMA KANT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal Under section 374 of the Code of Criminal procedure, 1973 (The Cr.P.C.') by Rama Kant accused is directed against the judgment and order dated Dec. 1, 1983 whereby, on a trial held by the learned Sessions Judge, Dholpur in Sessions Case No. 55 of 1979 the appellant was found guilty of the offence Under section 302 of the Indian Penal Code (the IPC'), convicted as such and sentenced to imprisonment for life and pay a fine of Rs. 50.00 or in case of default of payment of fine to under go rigorous imprisonment for one month. The relevant facts are these :

(2.) Kum. Saroj Gudiya, the deceased, was the 14-15 years old daughter of PW. 1 Smt. Urmila and PW. 2 Damodar Prasad, residents of Mohalla Bhamti Pura, DDholpur. At the relevant time she was a student of Class VIII. Ramakant appellant used to live with his grand parents in a house, about 50 paces away from the house of Damodar Prasad. At the relevant time the appellant was a student of Xth class.

(3.) On April 10, 1979 PW. 2 Damodar returned to his house at about 9.00 PM. and after taking his meal was going to retre for night rest, that his wife Smt. Urmila told him that Saroj had gone to urinate but did not return ever after 15-20 minutes. Damodar Prasad went out of his house to enquire about Saroj and then he was informed by PW. 3 Rameshwar, PW. 4 Ashok, PW. 6 Trilok Chand and some other boys of the Mohalla that they had seen Kum. Saroj entering into the house of the appellant with him. Damodar Prasad and the residents of the Mohalla tried to take search of the house but appellant's grandfather. Sh. Mohar Singh, (since deceased accused) did not allow them to do so. Apprehending that his daughter might be sold or killed by the appellant and his grand parents. Damodar Prasad reached the Police Station Kotwali in the very night and delivered a written report (Ex.P 2) to the Station House Officer (SHO) Sh. Rajbir Singh (PW 16) who registered Crime No. 81/79 Under section 363, 364, 366 & 342 Penal Code (vide FIR Ex.R 3) and handed over the investigation of the case to his subordinate Officer, Sh. Raghubir Singh ASI (PW. 12).