SANJAY Vs. STATE

JUDGEMENT

(1.) The convict/appellant Sanjay (hereinafter referred to as the appellant for the sake of convenience) has preferred the present appeal against the judgment and order dated September 26, 1992 passed by the learned Additional Sessions Judge whereby he found the appellant guilty under Sections 302 and 364 of the Indian Penal Code and sentenced him to undergo life imprisonment with a fine of Rs. 500.00 under Section 302 of the Indian Penal Code. In case of default of payment of fine he was directed to undergo RI for one month. He was further sentenced under Section 364 of the Indian Penal Code to undergo RI for five years with a fine of Rs. 500.00. In case of his failure to clear the fine he was directed to undergo RI for one month.

(2.) The case of the prosecution as set out in the report under Section 173 Cr. P.C. FIR and the evidence led by the prosecution is as follows : that one Shri Bhagwan Singh son of Buchi Singh (PW 9), a resident of village Burari, Delhi, approached the police station Timarpur, Delhi on September 4, 1989 and lodged a report with them to the effect that he was working in Ayodhya Textile Mills, Azadpur. He has got three children. Eldest of them was Amit Kumar, aged 7 years. The other one is a female child named Shilpi (PW 1), aged 4 years. Both the abovesaid children are studying in R. K. Public School, Burari, Delhi. His mother-in-law known as Smt. Tapesra Devi (PW 15) went to the abovesaid school today in the afternoon to take the above children back to their house. She found over there one of the children known as Km. Shilpi (PW 1) only. The other child known as Amit was found missing. Hence she could not meet him. The bag of Amit Kumar (hereinafter referred to as the deceased) was, found with Km. Shilpi (PW 1). On enquiries from Km. Shilpi as to where the deceased was she came to know that the appellant came to the school and took away deceased on the pretext that somebody was waiting to see him at the bus stand. Since then he has been searching for his son, but to no avail. He suspected the hand of the appellant in the disappearance of his son. The above statement was reduced to writing. A case under Section 363 IPC was registered on the basis of the said statement (vide Ex. PW 3/A). A copy of the said statement was handed over to SI Raj Singh (PW 19) for the purposes of investigation. He searched for the appellant along with the complainant PW 9 Bhagwan Singh at several places, including his house, but was unable to trace him out on the said dale.

(3.) On the next day i.e. September 3, 1989 he again reached village Burari along with Constable Sansar Pal. He again looked for the appellant and in connection there with reached ISBT at about 1.00 p.m. The appellant was found standing at a D.T.C. bus stop at ISBT, PW 9 Bhagwan Singh identified the appellant. He apprehended him and interrogated him. The appellant made a disclosure statement and stated therein that he could get the dead body of the deceased and his belongings recovered from Shamli (U.P.). The said disclosure statement was recorded vide Ex. PW 8/A. The appellant was formally arrested. His personal search memo is Ex. PW 19/A. Some blood stains were noticed on the shirt worn by the appellant. 'The same was taken into police custody vide Ex. PW 8/B. The shirt is Ex. P7, SI Raj Singh recorded the statements of PW 1 Km. Shilpi PW 9 Bhagwan Singh, father of the deceased, and Smt. Tapesra Devi (PW 15). He further recorded the statement of PW 8 Ram Phal and PW 10 Raja Ram. The appellant was thereafter taken to the police station and produced before Shri D. N. Kaushik (PW 18).