AJAY KUMAR ALIAS HAPPY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Accused Ajay Kumar alias Happy, who is in custody for the last more than 13-1/2 years, has filed this appeal against the judgment and order dated 12.1.2001, passed by Sessions Judge, Patiala, in Sessions Case No. 30 of 25.7.1996, arising out of FIR No. 93 dated 3.4.1996 under Sections 302/201/377/364 IPC, Police Station Kotwali Patiala, whereby he has been convicted under Sections 364/377/302/201 IPC for the offence of kidnapping, for committing un-natural sexual inter course with the minor child and for committing his murder, and then trying to conceal the evidence by throwing the dead body of the deceased child in the bhakra canal. The accused was sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/-, in default to undergo further rigorous imprisonment for a period of 3 months under Section 302 IPC, to undergo rigorous imprisonment for a period of 5 years and to pay a fine of Rs. 1,000/-, in default to undergo further rigorous imprisonment for a period of 1 month under Section 364 IPC, to undergo rigorous imprisonment for a period of 6 years and to pay a fine of Rs. 1,000/-, in default to undergo further rigorous imprisonment for a period of 1 month under Section 377 IPC and to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 1,000/-, in default to undergo further rigorous imprisonment for a period of 1 month under Section 201 IPC. All the substantive sentences were ordered to run concurrently.

(2.) In brief, it is the case of prosecution that deceased Sahil Hasija, aged about 8 years, went missing after 8.30 p.m. on 30.3.1996 from the front street of his house. At about 8.30 p.m. he was seen by his father Om Parkash (PW.2) playing in the street along with other children of his age. On 31.3.1996, Sham Lal (PW.6), uncle of the deceased, got recorded a DDR (Ex.PJ/1) with the police at 1 PM, to the effect that on 30.3.1996 at 8.30 p.m., Sahil Hasija, while playing in front of the house, had suddenly gone some where. He was searched by the family members in the relations also, but could not be traced till that time. He was wearing black colour pant, printed T shirt and chappals in the feet. Sham Lal stated that they have no doubt on any body. Thereafter, on 3.4.1996, Om Parkash (PW.2), the father of the child, made statement (Ex.PE) to the police, in which he had stated that on 30.3.1996 at about 8.30 p.m., his son was playing in the street in front of the house. After about half an hour, he asked his wife to bring the child inside the house. When his wife went outside to bring the child, she did not find the child, Sahil Hasija. Thereafter, the child was searched, but no clue of his whereabouts was found. The matter with regard to the missing of his son was reported to the police on 31.3.1996 by his brother Sham Lal, but the child could not be traced. It was stated that he had definite suspicion that some unknown person has abducted his son with a view to murder him. On the basis of the said statement (Ex.PE), FIR (Ex.PE/1) was registered under Section 364 IPC.

(3.) On 5.4.1996, dead body of the child was seen by Sham Lal (PW.6) and Satish Kumar in the canal within the area of Mandouli. In his statement, PW.6 Sham Lal stated that on 5.4.1996, he and Satish Kumar were going from Patiala to Rajpura in connection with search of Sahil, and when they were proceeding from Ganda Kheri to Ganaur along the canal bank, they enquired from some children, who were fishing near the canal. Those children informed that they had seen the body of a child floating in the canal within the area of Mandouli. Thereupon, they proceeded to Mandouli (which was 4 Kms. away from that place) and found that the dead body of Sahil was floating in the canal. On information, the police came on the spot, the dead body was pulled out from the canal. The inquest report (Ex.PB) was prepared. The dead body was further got identified by Sham Lal (PW.6) and thereafter, the same was sent to Rajindra Hospital, Patiala for post mortem examination.