NARENDER @ NANDA Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 8 th August, 1997 and order on sentence dated 12 th August, 1997 whereby the appellant was convicted for the offence punishable under Sections 302/365/201 IPC. He was convicted and sentenced under Section 302 IPC to undergo rigorous imprisonment for life and to pay fine of Rs. 1000/- and in default, to undergo rigorous imprisonment for one month for committing the murder of a 7 month old female child (hereinafter referred to as 'Baby Aarti', the deceased). The appellant was also convicted and sentenced under Section 365 IPC to undergo rigorous imprisonment for five years and to pay fine of Rs. 500/- and in default of payment of fine to further undergo rigorous imprisonment for 15 days. The appellant was further convicted and sentenced under Section 201 IPC to undergo rigorous imprisonment for 5 years and to pay fine of Rs. 500/- and in default of payment of fine to further undergo rigorous imprisonment for 15 days.

(2.) The case of the prosecution is that Narender Kumar, the Appellant before us, was a close relation i.e. nephew of the father of the deceased. He took away the infant child Aarti from the custody of her mother on the morning of 1 st May, 1993 saying that she could finish the cooking work and in the meantime, he would take the child out to her maternal uncle's house who was also residing nearby. When the Appellant snatched the life of this baby girl who was barely 7 months old, he not only killed the child but also the trust the family reposed in close relations while allowing them to take away their child for outing etc. Following Indian tradition of 'Atithi Devo Bhava', he was honoured as a guest. The complainant on the night of 30 th April, 1993 not only provided him shelter but also served him with dinner and breakfast on the morning of 1 st May, 1993 little realizing that the 'guest' was taking away their child forever and they would not be able to see her thereafter.

(3.) Succinctly stated the case of the prosecution, the Appellant Narender was related as nephew to Shri Prem Chand (PW-8), father of the deceased. On 30 th April, 1993, Narender visted their house during the night and after taking dinner, slept there. Next morning i.e. on 1 st May, 1993, while Prem Chand PW-8 left for his work, after serving breakfast to the Appellant, Smt. Kamlesh PW-4, mother of the deceased Aarti started cooking with the deceased by her side. The Appellant offered to take the deceased to nearby house of PW-3 Shri Chander Parkash, brother of PW-4 Kamlesh so that PW- 4 Kamlesh could finish her cooking work in the meantime. The Appellant did not return thereafter.