RAVI KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant, Ravi Kumar filed this appeal for setting aside the judgment dated 9.8.2002 passed by Additional Sessions Judge, Jagadhri. Vide this judgment, whereby he has been convicted under Sections 302 and 201 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 1000/-. In default of payment of fine, he shall further undergo rigorous imprisonment for one year.

(2.) In brief, prosecution version, is that on 27.1.2001, Faqir Chand, complainant made statement before SI, Ishwar Singh, on the basis of which, formal FIR Ex.PL was recorded. Faqir Chand, father-in-law of Ravi Kumar, appellant informed the police that his daughter Jeeto was married with Ravi Kumar about 5-6 years ago, and from this wedlock, Jeeto had two sons, namely Ankit aged about 3 years and Harpal (deceased) aged about 2 1/2 months. Jeeto had expired on 8.12.2000. Both the sons were in the custody of Ravi Kumar. On 26.1.2001, he had gone to the house of Ravi Kumar to enquire about the welfare of Ankit and Harpal. But Harpal was not found in the house. For his absence Ravi Kumar, did not give any reply. Today i.e. 27.1.2001, again he had gone to the house of Ravi Kumar along with Panchayat, then Ravi Kumar told that Harpal is no more in this world, and by saying so he had gone outside the house. He is sure that Harpal was murdered by Ravi Kumar. Statement was read over and explained to Faqir Chand who had signed the same in token of its correctness.

(3.) SI, Ishwar Singh on 28.1.2001 had apprehended the accused. Accused was interrogated. Accused suffered disclosure statement Ex.PF in the presence of Maya Devi and Suresh Pal to the effect that he had gagged the mouth of his son Harpal, aged about 2 1/2 months and killed him by throttling with his thumb and after wrapping his dead body into a towel buried him underneath the sand near the cremation ground about 3-4 days ago. He knew about the same and could get the same recovered. After that, SDM, Jagadhari was contacted and application Ex.PM was moved for proceeding under Section 176 Cr.P.C. SDM, Smt. Renu Phulia had accompanied the police party to the disclosed place. In pursuance of the disclosure statement, accused got recovered dead body of the child lying buried in a standing sugarcane crop. Photographer was arranged. Photographs were got clicked and the dead body was got recovered by removing earth. Dead body was identified by his grand father Mam Chand and Jagmohan. A feeder bottle was also recovered along with the dead body. Clothes worn by the deceased, towel and the feeder bottle were taken into police possession vide memo attested by the witnesses. Inquest report was prepared by the SDM. Rough site plan with correct marginal notes was prepared. Dead body was sent to hospital for post mortem examination. After the completion of investigation, challan was presented in the Court.