JUDGMENT RAJEEV KUMAR SHRIVASTAVA, J. : – This is an appeal under section 374(2) of Criminal Procedure Code against the judgment dated 3-11-2010 passed by First Additional Sessions Judge, Datia (MP) in Sessions Trial No. 33 of 2007 whereby the appellant has been convicted under section 302 of Indian Penal Code and sentenced to undergo Life Imprisonment with fine of Rs. 10,000/-, under section 376 of Indian Penal Code sentenced to undergo Ten Years’ Rigorous Imprisonment with fine of Rs. 5,000/- and under section 201 of Indian Penal Code, sentenced to undergo seven years’ Rigorous Imprisonment with fine of Rs. 5,000/- with default stipulations.

2. In brief, the prosecution case is that on 19-7-2006, at about 11:00 in the night at Police Station Chirula, District Datia, a merg intimation (Ex.P28) was recorded mentioning therein that on 19-7-2006 at about 08:00 in the night the prosecutrix (x) daughter of the appellant accused had gone for attending the call of nature and after half an hour, the appellant accused saw that his daughter (x) is lying dead and thereafter, he informed about the incident to the locality and on the basis of said merg intimation, police conducted an enquiry.