BHOLA JADAV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) passed by the trial court, whereby, he was convicted and sentenced qua offence punishable under Section 302 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC'). Appellant was acquitted qua charge framed against him under Sections 376/511 read with Section 201 IPC.

(2.) FIR No.42 dated 06.02.2013 was registered at Police Station Jyoti Nagar, District Jaipur City (South) under Section 302/34 IPC on the basis of the report lodged by complainant- Priya.

(3.) Prosecution story, in brief, is that on 05.02.2013, complainant-Priya had gone to her office at about 9.30 a.m. Jyoti, elder daughter of the complainant and their servant Bhola Jadav (appellant) were present in the house. Preeti, younger daughter of the complainant had left for her school at 7.30 a.m. When complainant returned home in the evening between 5.15 to 5.45 p.m., she could not see her daughter Jyoti and she enquired about her whereabouts from the appellant. Appellant showed his ignorance about the whereabouts of Jyoti. Then, she enquired from her mother-in-law, Rajni Bala about the whereabouts of Jyoti, but she also told her that she had enquired from Bhola Jadav and Preeti about the whereabouts of Jyoti, but they had not told her about the said fact. Preeti told her that marriage of Sangeeta was fixed for the next day and Jyoti might have gone there. Then, they made a phone call to Jyoti on mobile phone No.9530166685, but the said mobile phone was switched off. Then, they tried to search for Jyoti, but could not find her. At about 9/10 p.m., when she returned home, her mother-in-law enquired from her about Jyoti and told her that first they should look for her in the house. When they opened the door of the drawing room, they found that Jyoti was lying on the floor. A white and blue colour 'Dupatta' was tied around her neck. Then, they immediately called their tenant Dharmendra Singh to the spot and brought Jyoti down stairs. Hands and feet of Jyoti had been tied and they found that Jyoti was dead.