DINESH KUMAR Vs. STATE

JUDGEMENT

(1.) This appeal under Section 374 of the Code of Criminal Procedure (hereinafter referred to as the Code) is directed against the conviction recorded and sentence imposed for the offence under Section 302 Indian Penal Code by the learned Additional Sessions Judge, New Delhi in FIR No.253/89 Police Station Okhla Industrial Area-II whereby the appellant/convict Dinesh Kumar has been sentenced to suffer imprisonment for life for committing the murder of his minor son Sanket in the incident which took place between 6 PM of 1.12.1989 and 10 AM of 2.12.1989.

(2.) The prosecution case, as revealed from the record, is that the appellant/convict Dinesh Kumar lived with his wife Saroj Bala and two sons Sanket (since deceased) and Ankit at House No.581, Gali No.6, Gobind Puri, New Delhi; that Saroj Bala on 10.5.1986 married with Dinesh Kumar; that two sons Sanket @ Ginny on 16.3.1987; and Ankit on 12.10.1988 were born from the said wedlock; that since some time prior to 1.12.1989, Saroj Bala and Dinesh Kumar came to reside in the premises in Gobind Puri area belonging to Ramdas, the father of Saroj Bala; that thereafter Dinesh Kumar started saying that Sanket, the elder son is an illegitimate child born to Saroj Bala and that he is not the father of Sanket alleging illicit relations by Saroj Bala with her brother-in-law Rameshwar Dayal qua the birth of Sanket which led to the disturbance in the domestic life leading to maltreatment of Saroj Bala by Dinesh Kumar; that Saroj Bala had employed herself somewhere and was a working woman; that Dinesh Kumar did not have any service or avocation; that on 1.12.1989, Dinesh Kumar told Saroj Bala to take leave from the office whereupon Saroj Bala remained at home; that at about 6 P.M, Dinesh Kumar told her to go in the kitchen and prepare the meals and also told that he would go for a stroll taking Sanket with him; that when Dinesh Kumar and Sanket did not return for some time, Saroj Bala came out in the street and saw Dinesh Kumar coming all alone; that on being asked as to where is Sanket, Dinesh Kumar turned about and went away saying that he would come back after searching him; that for the whole night between 1.12.1989 and 2.12.1989, Dinesh Kumar and Sanket did not return; that the child was searched for the whole night; that at about 10.20 A.M. on 2.12.1989, an information was received at P.S.Okhla Industrial Area-II from the PCR that the dead body of a five years old boy was lying near Gobind Puri Check Post tank whose neck was cut off: that the police reached the place of occurrence and recovered the dead body of the child; that around 1.30/2.00 P.M, the dead body with injury on the neck was identified to be that of child Sanket; that formal FIR was registered for the offence under Section 302 Indian Penal Code and thereafter the usual investigation started; that Dinesh Kumar was arrested on 4.12.1989; that on completion of the investigation, charge-sheet was filed against Dinesh Kumar and charge for the offence under Section 302 Indian Penal Code came to be framed; that the prosecution, in order to bring home the guilt to the accused Dinesh Kumar, adduced oral as well as documentary evidence; that the further statement of the accused Dinesh Kumar was recorded under Section 313 Criminal Procedure Code . with regard to the circumstance emerging from the prosecution evidence incriminating against him; that the say of the accused is that on the date of the incident he did not live with his wife and children; that the defence is that of total denial; that on 4.12.1989 when he came to see his children, he was taken to the Police Station by his father-in-law and other persons and was falsely implicated in the murder of Sanket. The Additional Sessions Judge, appreciating the evidence on record, found Dinesh Kumar guilty for the murder of his son Sanket and sentenced him to suffer imprisonment for life which is assailed in the present appeal by the appellant/convict.

(3.) It is not in dispute that Saroj Bala is the wife of appellant/convict Dinesh Kumar. It is also not in dispute that two sons were born to Saroj Bala. According to the prosecution, appellant suspected the fidelity of his wife Saroj Bala alleging that he is not the father of the first child Sanket and that he is an illegitimate offspring born to Saroj Bala through her extra marital relations with her brother-in-law (sister's husband) Rameshwar Dayal.