ANIL KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant has preferred the present appeal against the judgment of conviction dated 28.02.2002 and order of sentence dated 04.03.2002, passed by the Sessions Judge, Bhiwani, vide which he has been held guilty for the commission of offence punishable under Sections 302 and 377 IPC and accordingly convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs.1,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of six months under Section 302 IPC and rigorous imprisonment for a period of four years and to pay a fine of Rs.500/- and in default of payment of fine to further undergo rigorous imprisonment for a period of three months under Section 377 IPC. Both the sentences were ordered to run concurrently.

(2.) Brief facts of the prosecution case are that FIR in the present case has been registered on the statement of Mata Deen (Ex.PF) in which he stated that his younger son Pawan Kumar alias Poni, aged about 15 years, was student of 9 th class. On 04.10.1999 after 5:30 p.m., he went for playing and did not come back upto 8:00 p.m. A search was made in the 'Mohalla' and City Dadri. On 05.10.1999, complainant made search of his son Pawan Kumar here and there and then lodged a missing report of Pawan Kumar at police station. Thereafter, complainant, Dharambir, Puppi and Pali while searching, reached near vacant place at about 8:30 p.m. where Sukhi Ram met them and told that a dead body of a boy was lying in a corner of the room situated inside the vacant place (Gher) of Hari Dass Jain. Then complainant alongwith above-stated persons went there and saw the dead body of his son Pawan Kumar lying in a corner of the room. There was white 'baniyan' on his body and remaining body was naked. Blood was oozing from his nose and mouth. There was a mark of contusion on his neck. Both the Hawai chappals of Pawan Kumar (deceased) were lying near his dead body.

(3.) The complainant also stated that his son was wearing a gray colour pant and green lines shirt at the time of departure from the house.