SUKHPAL @ CHIMMAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been filed against the judgment and order passed by the Additional Sessions Judge, Faridabad on 22/27.9.2006 whereby the appellant was convicted under Section 302 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.2,000/-. He was further convicted under Section 376 IPC and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1,000/-. He was also convicted under Section 201 IPC and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.200/-. In the event of default of payment of fine for all the three offences, the appellant was ordered to undergo further rigorous imprisonment for six months each. All the sentences were ordered to run concurrently.

(2.) According to the prosecution, on 22.10.2004 complainant-Anangpal got recorded his statement before the SHO, Police Station Sadar, Palwal to the effect that he had three sons, aged 6, 4 and 1 years and one daughter, aged 3 years. On 20.10.2004 at about 10.30 a.m., as usual, his three years' old daughter, since deceased, went to serve meals to his two elder sons, who were studying in the school. When his two sons returned home, they disclosed to their mother that they did not receive the meals. However, his daughter did not return back. At about 2.00 p.m., when the complainant alongwith his threewheeler, was waiting for passengers at bus stand of Alwalpur, his nephew Inder came there and told him that his daughter was not traceable. The complainant searched for his daughter but could not trace her. On the next day, at about 9.00 a.m., his nephew Gullan called his father Lakhmi at Oriental Factory (College) on telephone, who informed him that he had seen the deceased alongwith the appellant. Gullan conveyed this information to the complainant. The complainant then talked to the appellant. By that time, Mahender son of Gian Chand, caste Rajput and Ashok son of Surinder, caste Rajput, residents of the village had reached there. In their presence, the complainant again enquired from the appellant, who stated that he had killed the deceased and placed her dead body in the bushes of the Jungle of village Agwanpur. The complainant and others then asked the appellant to take them to the said place. The appellant led all of them to the Panchayat land of village Agwanpur and reached the Jungle where thick bushes were growing. The dead body of the deceased was found lying there. Her cheek had been bitten by some animals whereas blood was oozing from the body of the deceased. She was wearing yellow shirt (frock) and underwear.

(3.) When she had left the house two days back, she was wearing those clothes. Near the dead body, one pair of hawai chappal of the deceased and one tiffin consisting of two boxes and containing some chapatis and vegetables, were found present. A thread of red colour was found tied around the left arm of the deceased. After leaving the appellant as well as Mahender and Ashok with the dead body, the complainant started for the police station to lodge a report. On the way at bus stand of Agwanpur, he came across SI Virender Singh, who recorded his statement on 22.10.2004 at 4.30 p.m., on the basis of which FIR No. 506 dated 22.10.2004 under Sections 302/201 IPC was registered at Police Station Sadar, Palwal on 22.10.2004 at 5.00 p.m.