STATE OF HARYANA Vs. SANJAY

JUDGEMENT

(1.) SANJAY (19) and Anil (19) were tried by the learned Sessions Judge, Sonepat for the rape upon and the murder of Annu, a child of six and both of them were awarded imprisonment for seven years for her abduction along with a fine of Rs. 500/- each. They were also awarded imprisonment for life for the offence of rape along with a fine of Rs. 1000/- each and were both sentenced to death for the murder.

(2.) THE death sentences being subject to confirmation by this Court, Murder Reference No. 1 of 200 titled The State of Haryana v. Sanjay and Anil has been forwarded to this court by Sessions Judge, Sonepat. Furthermore, both the convicts have jointly appealed against their conviction and sentence by filing Criminal Appeal 536-DB-1999. Each of them have also filed separate appeals through Jail, which are Criminal Appeal No. 549-DB-1999 and Criminal Appeal No. 550-DB-1999. The murder reference and the three criminal appeals shall be disposed of together by this common judgment.

(3.) WHEN Annu's father Mohan Singh PW9 returned home he found that his brother Arjun Singh and many other people had collected outside his house. He learnt that his daughter had been taken away by some cyclist. Thereupon Mohan Singh, his brother Arjun Singh, his nephew and other persons started looking for Annu, but they failed to find her. Consequently, Mohan Singh lodged a report with Sub Inspector Om Parkash, Incharge Police Post, Gohana Road, Sonepat at 2 A.M. on March 9, 1997, which is Ex.PA and it was on its basis of the First Information Report 167 was registered at Police Station, Sonepat at 2.50 A.M. under Section 365, Indian Penal Code and which is Ex. PA/1. The Special Report was received by the Chief Judicial Magistrate at 4 A.M. (as per the statement of UGC Balbir Singh PW3 it was delivered at 3.30 A.M.).