DHARAMPAL @ KALU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal under Section 374 (2) has been preferred by the appellant Dharampal @ Kalu being aggrieved of the judgment dated 16.12.2011 passed by the learned Additional Sessions Judge, Bhadra, District Hanumangarh in Sessions Case No.16/2009, whereby he has been convicted for the offence under Section 302 IPC and sentenced to undergo life imprisonment alongwith a fine of Rs.5000/- and in default of payment of fine, further to undergo additional rigorous imprisonment of one year.

(2.) Brief facts relevant and essential for disposal of the appeal are noted hereinbelow.

(3.) Complainant Ram Singh submitted a written report (Ex.P/19) to the SHO, Police Station Bhirani, District Hanumangarh at camp Mauja Chhani Badi on 06.06.2009 at 03.30 p.m. alleging inter alia that he received a telephonic call of Sant Lal S/o Budh Ram from Chhani Badi at 09.00 a.m., who told the informant that his daughter Saroj had been killed and the household articles were lying damaged. Upon receiving this information, Ram Singh alongwith his brother Tarachand and the villagers Pratap, Momanram etc. reached Chhani Badi in the afternoon at 02.00 p.m. and saw that the dead body of his daughter Saroj, aged 28 years, was lying on a cot in the Angan of Dharmpal's house. Marks of abrasions were visible on her neck. The complainant enquired from his grand-daughter Shakuntala and neighbours, on which he found out that Saroj had been strangulated to death by Dharmpal with the aid of a rope.