DURGA DASS @ GOGA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Durga Dass @ Goga-appellant, has filed this appeal to challenge the judgment of conviction and order of sentence dated 2.8.2006, rendered by the learned Additional Sessions Judge, Muktsar, in Sessions Case No. RT-406 of 17.9.2003/9.11.2005, arising out of FIR No. 136 dated 5.6.2003, registered under Section 302 of the Indian Penal Code (hereinafter referred to as 'IPC') at Police Station Sadar, Muktsar.

(2.) By the said judgment, he was convicted under Section 302 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 5000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of one year.

(3.) Prosecution story, in brief, is that Brij Lal @ Vijay Kumarcomplainant is the father of Nitesh Kumar (deceased) aged about 31/2 years. On 4.6.2003 at about 8.00 p.m. Nitesh Kumar went out of the house to play but failed to return. The complainant made an effort to search for him. The complainant along with Vijay Kumar S/o Avinash Chander and his elder brother Raj Kumar, searched the rooms of Panchayati Dharamshala and found the bathroom bolted from outside.