CHAND KHAN ALIAS CHAND MIAN Vs. STATE

JUDGEMENT

(1.) Instant appeal is directed against the impugned judgment dated 27.9.1995 delivered by the Additional Sessions Judge in Sessions Case No.52/91 arising out of FIR No.33/90, P.S. Karol Bagh, in terms of which the appellant Chand Khan @ Chand Mian has been convicted for the offence punishable under Section 302 IPC and the order on sentence dated 30.9.1995 sentencing the appellant to undergo imprisonment for life and to pay a fine of Rs.1,000/-, in default of payment of fine, to undergo RI for further period of two months. We may note at this stage that vide the impugned judgment, appellant "â„¢s co-accused Kaley Khan was also convicted for the offences punishable under Section 363/363A (1) IPC and sentenced accordingly. The other co-accused persons who were sent for trial were acquitted vide the impugned judgment.

(2.) At the outset, we may record, though the appellant was also charged for the offences punishable under Sections 120-B/363/364/368/307/201/34/ IPC, the learned Trial Judge has not returned any finding on the said charges in his judgment dated 27.9.1995. However, in the order of sentence dated 30.9.1995, while awarding sentence under Section 302 IPC to the appellant, learned Trial Judge has observed that no separate sentence is necessary for the offences punishable under Sections 363/364/368/120-B and Section 307 IPC as the appellant has been convicted and sentenced for the most aggravated offence under Section 302 IPC.

(3.) Briefly stated, case of the prosecution is that on 02.02.1990, two minor children of the complainant Bhagwati Devi, PW11, Manoj aged 9 years and Jitender, aged 6 years did not return from the school. Complainant Bhagwati visited the school at 1.00 p.m. and she was told that her children had not attended the school on that day. She, therefore, went to P.S. Karol Bagh and lodged a report about her missing children, expressing her suspicion that her children might have been kidnapped by some unknown persons. Her report was recorded as DD No.19A dated 02.02.1990 (Ex.PW20/A). S.I. Rameshwar Singh was entrusted with the job of carrying on the investigation. Efforts were made by S.I. Rameshwar Singh as also the complainant to trace the children. When the children could not be traced till 04.02.1990, complainant Bhagwati Devi again visited the police station on that day, where her statement Ex.PW11/B was recorded, wherein she expressed a doubt that the children have been kidnapped. On the basis of the said statement, a formal FIR was recorded at the police station, copy of which is Ex.PW8/A.