RAJ KUMAR SADHANA AND AKHILESH Vs. STATE

JUDGEMENT

(1.) This judgment will dispose of three appeals of the three appellants. The appellants were charged and convicted under sections 364/302/120B Indian Penal Code, for the murder of DeepaK @ Babloo, aged about 10 years. Each of them was sentenced to life imprisonment for the offences under section 120-B/302 Indian Penal Code and ten years' R.I. for the offence under section 364 Indian Penal Code The sentences were to run concurrently.

(2.) On 8th January 1990 Balwant Ram, father of Deepak @ Babloo lodged FIR at police station Adarsh Nagar that his son Babloo aged ten years was missing since 5.30 P.M. on 6th January 1990 from Azadpur T point. He described the boy as fair complexion, lean built about 3'-6" tall, wearing white shirt red sweater, green pant and white shoes. The boy was a student of fourth class. The missing person report about the boy had been lodged at the police station on 7th January 1990 vide DD no.20-A at 7.40 P.M. In the FIR it was recorded that Jagdish and Vasdev having timber shops near the shop of Balwant Ram, complainant had informed the complainant that on 6th January 1990 at 5.30 P.M. they had seen Sadhana wife of Raj Kumar, nephew of the complainant holding the finger of Babloo and crossing the G.T. Road. The complainant, however, reported that when he enquired from Raj Kumar about Babloo, Raj Kumar stated "Yeh to kuchh bhi nahin hua hai, aage dekhna ki kya hotahai". (This is nothing. See what happens next.) According to the complainant, Raj Kumar harboured a grudge against the complainant and his family because about a year ago he had molested the wife of complainant's elder son as a result of which Raj Kumar's entry in the house of the complainant had been debarred. Raj Kumar had threatened to take revenge. Sadhana was the niece of complainant's wife and was living with Raj Kumar as his wife without marrying him. The complainant stated that he had rebuked Raj Kumar a lot for keeping Sadhana with him. He stated that he suspected Raj Kumar and Sadhana for kidnapping his son Babloo. On the basis of this statement a case was registered under section 364/34 IPC.

(3.) Raj Kumar and Sadhana were missing.. A, vigil was kept on the house where Sadhana. was residing and at 3.00 A.M. on the night between 8th and 9th January 1990 Balwant Ram, father of Babloo and Manoj Kumar, real brother of Babloo went to the police station and informed that Sadhana and Raj Kumar were present in the house of Sadhana. SI Harihar Kishore, Public Witness -18 alongwith ASI Kamini, Public Witness -1 and two other police officers went to Sadhana's house No.C-923, Jahangir Puri, accompanied by Balwant Ram .and Manoj Kumar at 3.00 A.M. and knocked at the door. Sadhana opened the door. They enquired about Raj Kumar. Sadhana stated that he was not there. Thereafter the police party heard some noise from inside and entered the house. On search Raj Kumar was found hiding under a cot. Both, Sadhana and Raj Kumar were arrested. Manoj Kumar, Public Witness -11, brother of Babloo has given a complete eye witness account of the arrest of both the accused. According to Manoj Kumar, Raj Kumar initially showed ignorance about Babloo. Personal search of both the accused was conducted. The search memos are Ex. Public Witness -11/A and Public Witness -1/A dated 9th January, 1990. After interrogation the two accused made disclosure statements which are Ex. Public Witness -11/B and Public Witness -I/B, respectively of the same date. Accused Raj Kumar also produced his blood stained clothes. The same were taken possession of by S.I. Harihar Kishore, the 10 vide seizure memo Ex. Public Witness -11/C. The seizure memo shows that the clothes were stated to have been worn by accused Raj Kumar at the time of commission of the offence. The clothes consisted of a pair of blue colour jeans (Ex. P-l), one white full sleeves shirt, both the sleeves were stained with blood (Ex. P-2) and one violet colour half sleeves woollen sweater front portion whereof near the border appeared to be blood stained (Ex.P-3). The 1.0. while appearing as Public Witness - 18 identified the clothes. After these recoveries the 1.0. proceeded to G.T. Road. The S.H.O. informed him that he was also reaching along with the SDM concerned. "At about 11.00 AM., the SHO along with SDM reached there. The ACP and DCP had also reached there. Raj Kumar, accused led all of them to the fields of Sarup Nagar and pointed out the place where the dead body of Babloo was buried. The SDM ordered digging up of the place. On digging up first a white shirt and a neck-tie appeared in the pit and than the dead body was found which was having its mouth downwards. Photo of the dead body in the pit was taken. The photographer had been summoned under the order of the SDM. The dead body was taken out and again photographs were taken. The dead body was taken out by Manoj, brother of Babloo and Balwant Ram father of Babloo. The shirt of the deceased is Ex. P-4 and the tie with the school emblem is Ex. P-5. These were taken possession of vide recovery memo as EX.PW -11/D. Blood stained earth and control earth were taken out from the pit and seized vide Ex.PW-ll/L,. Both the samples of earth were separately sealed. The body was sent for post mortem. After post mortem the dead body was handed over to the relatives of the deceased. Manoj Kumar, Public Witness -11, bother of the deceased is an eye witness to the recovery of the clothes and dead body of Babloo and he has signed the recovery memos. His statement as Public Witness -II is similar to the statement of the 1.0., SI Harihar Kishore, Public Witness -18. Balwant Ram, father of the deceased is a signatory to the memos prepared in this behalf. Raj Kumar also disclosed that the deceased was wearing those clothes at the time of occurrence. Balwant Ram has categorically stated that Raj Kumar had led the police party to the place of recovery of the body of the deceased in the presence of the S.D.M. and he pointed out the place where the body had been buried.