SHYAM KUMAR ALIAS SUMEER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant has filed the present appeal against the judgment dated 12.06.2008 and order dated 14.06.2008 passed by the Sessions Judge, Jhajjar, vide which he was convicted and sentenced to undergo rigorous 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 three years under Section 302 IPC. He was further convicted and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.5,000/- and in default of payment of fine to further undergo rigorous imprisonment for 1 years under Section 376 IPC. Both the sentences were ordered to run concurrently.

(2.) Brief facts of the prosecution case are that on 07.11.2006, Sub Inspector Rohtas Singh alongwith other police official was present at Bus-Stand Bahadurgarh for patrolling where Virender Shah met him and moved an application in which he stated that he is residing alongwith his family as tenant in the house of Murlidhar. His three brothers are also residing alongwith their families with him. He is serving in telecom shop. His wife Sunita had gone to his native village for the last four months. Complainant further stated that he has three children. Two children had gone to his native village alongwith his wife. His elder daughter Neha, aged about six years, is residing with him. On 06.11.2006 at about 7:00 a.m., his daughter Neha went to toilet, which was situated on the ground floor, from 'Chaubra'. She did not return for half an hour then he searched her in the street and locality but in vain. When she was not found then he reported the matter to Police Station City Bahadurgarha regarding her missing. On the night at about 2:00 a.m. when he came to use the toilet on the ground floor of his house, he saw a white colour katta lying adjoining the gate. On its opening, he found that it contained the dead body of his daughter Neha. The complainant showed full suspicion against Sameer @ Sonu, who is a boy of bad character and is residing as tenant on the ground floor of the said house, who had kidnapped his daughter with bad intention and murdered her. In the application, it is also stated that he has come here after leaving Vijay near the dead body. On the basis of that application ruqa was sent and FIR was registered. Then the Investigating Officer alongwith complainant went to the place of occurrence, inspected the spot. The dead body was lying in a gunny plastic bag of white colour upon which 'Shudh Narial Burada' was scribed. Rough site plan of the place of occurrence was prepared.

(3.) Inquest proceedings were conducted and dead body was sent for postmortem examination. Plastic bag was taken into police possession after preparing sealed parcel.