KANA RAM MEGHWAL Vs. STATE

JUDGEMENT

(1.) The present criminal appeal under Sec. 374(2) of Cr.P.C. has been preferred by the accused-appellant against the judgment and order of conviction dtd. 13/2/2013 passed by the learned Additional Sessions Judge, Bali District Pali in Sessions Case No. 30/2009 whereby the appellant has been convicted and sentenced as under:-

(2.) Brief facts necessary to be noted for disposal of the appeal are that on 10/4/2009 PW 1 Vakta Ram lodged a report to the effect that his daughter Pooja, aged 04 years was missing since last evening (9/4/2009). On search being made, when she could not be traced in the locality, he went to search her early in the morning in the nearby forest. While looking for her, he reached near hotel Heera Panna and found dead body of his daughter. The dead body of his daughter had been mauled by dogs and pigs and the same was identified by him through the bracelets on her hands and clothes she wore. He expressed to have no suspicion upon anybody about murder of his daughter. This report was made at 07:00 am in the morning. On the same day at around 10:30 pm, a report was lodged by PW 1 Vakta Ram almost on the same lines expressing suspicion that his daughter was killed by some unknown person and to eliminate the evidence, the body was thrown in the bushes near the river and had been mauled by animals.

(3.) On this complaint, a formal F.I.R. No. 33/2009 was registered at Police Station Sadri District Pali for the offences under Ss. 302, 201 IPC against the accused-appellant. The accused-appellant was arrested on 13/4/2009 vide arrest memo (Ex. P/24).