PRAMOD Vs. STATE

JUDGEMENT

(1.) Present Jail appeal has been filed by appellant Pramod against the judgment and order dated 25.2.2008 passed by Additional Sessions Judge (F.T.C.-1), Meerut in Sessions Trial No. 520 of 2000, arising out of Case Crime No. 11 of 2000, Police Station (in short P.S.) Parikshitgarh, District Meerut whereby the appellant was convicted under Sections 364, 302 and 201 Indian Penal Code (in short I.P.C.), consequently he was sentenced to 10 years rigorous imprisonment under Section 364 I.P.C. and a fine of Rs. 5,000/- with default stipulation, life imprisonment under Section 302 I.P.C. and a fine of Rs. 10,000/- with default stipulation and 7 years rigorous imprisonment under Section 201 I.P.C. and a fine of Rs. 2,000/- with default stipulation respectively. All the sentences were directed to run concurrently.

(2.) Prosecution Story in brief is that one year and nine months old, Rinku (deceased) of Village-Gawada, disappeared while playing with other children on 14.2.2000 at about 2:00 pm. Information of this disappearance was given to P.S. Parikshitgarh by the father of deceased, Kiran Singh (Informant/P.W.-1). This information was scribed by Mool Chandra (P.W.-3). Prosecution story also says that police tried to search Rinku in the village but could not locate his whereabouts. Next day search was again initiated by father of deceased as well as his other companions. It is alleged that informant Kiran Singh (P.W.-1), Surendra (P.W.-2), Mool Chandra (P.W.3) and their other companions went to the agricultural field of one Ashwani Kumar Sharma in course of search where they suddenly spotted appellant Pramod, who was hiding something in his hand which was covered with cloth. Seeing the suspicious conduct of appellant, the informant and his companions rushed towards Pramod but Pramod entered into the sugarcane field nearby. He threw the bundle, which he was holding, in the sugarcane field and fled away from the spot. The search party allegedly found the cadaver of deceased Rinku covered with cloth, which was allegedly left by appellant Pramod.

(3.) As per the prosecution version this recovery was made at about 9:00 am in the morning of 15.2.2000. Information of this recovery was again communicated to the police in the form of First Information Report (in short FIR) Ex.Ka.-2, wherein the story was narrated in detail.