SATBIR SINGH ALIAS NANHA Vs. STATE OF HARYANA

JUDGEMENT

(1.) SUNNY , aged about 4 years, son of the complainant Prem Singh, PWI, had gone to attend his school situated at village Garhi Chhaju along with other children on 9.11.2004 at about 9.00 a.m., but he did not return home. By the evening, a search was made for him. A proclamation was also made by beat of drum (munadi) in the village and also in the neighbouring villages. The next morning i.e. 10.11.2004, dead body of Sunny was found in the gallery of the School, having injuries on his neck and waist. This led his father Prem Singh, PW1, to approach the police and make a report Ex. PA, containing above stated facts. In his report Ex. PA, the complainant specifically stated that since he was not having any enmity with anyone, therefore, he is not doubting involvement of anybody in the crime. The statement Ex. PA was recorded by PW7 Jai Singh, Assistant Sub Inspector, Police Station Samalkha, on 10.11.2004 at about 10.30 a.m. at the turning of village Garhi Chhaju on the basis whereof formal FIR Ex. PN was registered.

(2.) DURING investigation, various incriminating circumstances surfaced against appellant- Satbir Singh alias Nanha which led the Investigating Agency to submit a final report under Section 173 Cr.P.C. After commitment of the case, the appellant was tried by the Court of Additional Sessions Judge, Panipat and was found guilty vide its impugned judgment dated 27.2.2006, for offence under Sections 377 read with Section 511,302 and 201 IPC, Vide a separate order dated 1.3.2006, the appellant was sentenced as under: <IMG>JUDGEMENT_624_CRIMES4_2012-312013-s1.jpg</IMG> <IMG>JUDGEMENT_624_CRIMES4_2012-312013-s2.jpg</IMG>

(3.) THE prosecution, after framing of charge, rested its case on the following circumstances to bring home guilt of the appellant: