YOGESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present jail appeal was admitted by this Court on 23/08/2012 and an Amicus Curiae was appointed to assist the Court on behalf of the accused appellant.

(2.) The jail appeal aforesaid has been preferred by the appellant Yogesh Kumar against the judgment dated 16/05/2012 passed by learned Additional Sessions Judge No.3, Udaipur in Sessions Case No.2/2011, whereby the accused-appellant has been convicted and sentenced as under :-

(3.) The brief facts necessary to be noted are that on 08/03/2011, a complaint (Ex.P.2) was filed by PW.2 Bheru Singh to the SHO, Police Station Surajpole, Udaipur stating therein that he was working as a Manager of Hotel Sagar Palace owned by Paras Chittora. On 04/03/2011, a person came to the hotel and requested for allotting a room. He was allotted Room No. 102. In the register, he entered his mobile number as 9770572208 and mentioned his name as Ramesh Tiwari S/o Ramnath Tiwari (wrongly mentioned), R/o. Ahmedabad. He was accompanied by his wife and daughter, aged two years. On 08/03/2011 at around 12 p.m., Omji Sweeper of his hotel informed him that the door of the room No.102 is half open and nobody was responding despite frequent knocking and ringing of bell. He informed the owner as well as police. On opening the door, he found that one lady and the girl child were lying dead in the room with a Chunni (Scarf) wrapped around their neck. This murders were committed by the person(Ramesh Tiwari) who stayed with them. Today, at around 8 in the morning, Ramesh Tiwari was seen playing with his daughter in the gallery of hotel. Ramesh Tiwari strangulated his wife and daughter by Chunni (scarf)causing their death. After the incident, Ramesh Tiwari absconded and he can identify on seeing him.