SUNIL KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 7-4-1994 passed by the learned Special Judge SC/ST cases, Udaipur whereby he convicted the accused-appellant Sunil Kumar for the offence under S. 302, IPC and sentenced him to rigorous imprisonment for life together with a fine of Rs. 200/- and in default of payment of fine, to further undergo rigorous imprisonment for one month.

(2.) The brief facts relevant for the disposal of this appeal are that P.W. 1 Kalidass, P.W. 5 Smt. Bindu, their daughter deceased Bhawana and other children were living in quarter No. 11, Police Lines, Udaipur. The accused Sunil Kumar and his brother Ramesh Kumar were living in Quarter No. 9E in front of the quarter of P.W. 1 Kalidass. It is alleged that on 7-10-1992, P.W.1 Kalidass went to attend his duties and his wife Mst. Bindu also left for the Hospital on some assignment leaving behind Bhawana aged 14 years in the house. The other children of Kalidass viz., Aabha and Anukul had gone to some relative. Before proceeding to Hospital, Smt. Bindu asked the accused to look after Bhawana.

(3.) After attending his duties when Kalidass returned to his house at 7.30 PM, he found his house locked. He enquired from the accused as to where Bhawana and her mother had gone. Thereupon, the accused told that Smt. Bindu had gone to the Hospital and he had not seen Bhawana. Kalidass also enquired from his neighbours and searched for her in nearby places but he could not know about the whereabouts of Bhawana. Thereafter, he went to the Hospital and contacted his wife Smt. Bindu and told the fact that Bhawana was missing. Smt. Bindu told that before going to the Hospital, she left Bhawana at the house.