PINTU @ AJAY BALAI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant has filed this appeal challenging his conviction and sentence ordered by the Trial Court vide judgment/order dated 18.10.2016 under Sections 452 and 376 read with Sections 511 and 302 of Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.').

(2.) Prosecution case was set in motion on the basis of the report Exhibit-P-9 lodged by complainant-Sohan Lal. On the basis of report Exhibit-P-9, formal FIR Exhibit-P-21 bearing No. 141 dated 28.12.2012 was registered at Police Station Neem Ka Thana, District Sikar for offence punishable under Sections 452 and 307 I.P.C. Offence under Section 302 I.P.C. was added later, on account of death of injured Mamta.

(3.) Prosecution story, in brief, as per the FIR is that Mamta was married to Shankar Lal. On the day of incident, mother-in-law of Mamta had gone to attend her duty in National Rural Employment Guarantee Act (NREGA) and Shankar Lal was working in a private hotel at Gurgaon. Pintu @ Ajay, who was brother-in-law of Mamta strangulated her at about 2.30 p.m. on 25.12.2012. Mamta was removed to the hospital for treatment and she was still under treatment. During treatment Mamta succumbed to her injuries. After completion of investigation and necessary formalities, challan was presented against the appellant.