RATTAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been filed by appellant-Rattan Singh against the judgment and order dated 12.3.2008/15.3.2008 passed by Sessions Judge, Karnal whereby he has been held guilty for the offence under Sections 302 of the Indian Penal Code ('IPC' for short) and has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/- and in default of payment of fine to further undergo rigorous imprisonment for one year for the offence under Section 302 IPC.

(2.) The brief facts of the prosecution case are that in the present case FIR has been registered on the statement of Ved Parkash, who mainly stated that on 17.4.2007, in the morning at about 4.30 a.m. he along with his neighbour Manka Ram was going for strolling towards the road. When they reached near the road, his neighbour Rattan Singh was laying down one child on Rattak Chochra metalled road in front of his house and gave a 'Kassi' blow on the neck of the child within their view. Due to 'Kassi' blow, neck of the child was severed from its trunk. On raising alarm by the complainant and Manka Ram, Rattan Singh fled away with 'Kassi' towards the fields. He and Manka Ram reached near the child and found that child was Rahul, son of Rattan Singh, aged about three years and at that time neck as well as trunk were fluttering. There was a pool of blood and after some time the neck and trunk of Rahul became cool. On getting the information, many neighbours collected at the spot. It is also stated by the complainant that accused does the work of 'Tantrik' and he has committed the murder of his son Rahul in order to reach perfection in his 'Tantrik' powers. He and Manka Ram removed the dead body of child from the spot and placed it on a cot in the house of Rattan Singh and the complainant proceeded towards Police Station for informing the Police and got recorded his statement at 7.10 a.m. to Jai Singh, Sub Inspector, Police Station, Assandh, who met him at Rattak Chowk, Assandh. 'Ruqa' was sent to the Police Station, on the basis of which formal FIR was registered.

(3.) Then Sub Inspector Jai Singh, Investigating Officer accompanied Ved Parkash to Village Rattak and inspected the spot. The dead body of boy, namely, Rahul was lying in the 'verandah' of the house.