SUNIL KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is an appeal filed by appellant-Sunil Kumar against the judgment and order dated 1.2.2007 passed by the learned Additional Sessions Judge, Panipat, whereby the appellant has been held guilty for the commission of offence punishable under Section 302 of the Indian Penal Code (IPC' - for short) and sentenced him to undergo imprisonment for life.

(2.) The prosecution version is that the FIR (Ex.PA/2) was registered on the statement of Ram Kishan. The complainant Ram Kishan stated that he is a labourer. On 7.7.2005, he along with Premo wife of his son Jai Bhagwan and her three younger girls had gone to Village Chhajpur Kalan, District Panipat to know about the health of ailing father of Premo.

(3.) On the day of occurrence i.e. 8.7.2005, he along with Premo wife of his son and her three children boarded Jhelam Express train at about 9.30 a.m. from Railway Station, Panipat for return to Ghannaur. When the train was to reach near Railway Station, Samalkha a boy, whose name and address came to be known as Sunil Kumar son of Ram Pal, resident of Bharti Colony, Ludhiana near Jalandhar Bye-pass came to him. He snatched the granddaughter Neeraj aged five years from his lap and threw her outside the running train. On his raising noise, passengers which were sitting in the train, pulled out the chain. The passengers, who were in angry mood beat the boy on seeing the occurrence and caught hold him, who was later on handed over to the Police. On tracing his grand-daughter, she was found dead in CHC, Samalkha. Sunil Kumar has murdered his grand-daughter Neeraj while throwing out from running train after snatching from his lap.