VED PARKASH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been filed by the appellant against the judgment of conviction and order of sentence dated 28.05.2001, passed by the learned Sessions Judge, Ferozepur, whereby, he was held guilty and convicted and sentenced to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs. 1000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of four months under Section 365 IPC.

(2.) The brief facts of the prosecution case are that on 09.08.1997 Anant Ram, father of Jaswant Singh filed an application to the Incharge Police Post, Khui Khera regarding disappearance of Jaswant Singh submitting therein that his son Jaswant Singh left his house on 06.08.1997 at about 4.00 P.M. along with Ved Parkash for fetching green fodder. At about 6.30 P.M., Ved Parkash though brought the green fodder to their house but when he was asked about Jaswant Singh, he told that Jaswant Singh would also come. Jaswant Singh was aged about 17 years and search was made but he could not be located. On the basis of this application DDR No.22 dated 09.08.1997 Ex.P6 was recorded. After two months later i.e. on 09.10.1997, FIR Ex.P5 was recorded on the statement of Jai Lal, uncle of Jaswant Singh. He mainly stated same facts. It is also stated that they have also come to know that Ved Parkash had a doubt in his mind that Jaswant Singh had illicit relations with sister-inlaw of Ved Parkash. Supplementary statement of Jai Lal was also recorded on 12.10.1997 and offence was changed to 302/201 IPC. Rough site plan Ex.P7 of the place of occurrence was prepared. Statements of witnesses were recorded. Accused was arrested. On interrogation, he made disclosure statement that he had removed clothes of Jaswant Singh i.e. shirt, pyjama etc. and had kept concealed these articles by putting in the polythene envelope by burrying it under the earth. Accused got recovered the articles in pursuance of his disclosure statement. He also got recovered one more shirt in pursuance of his disclosure statement. After necessary investigation, challan was presented against the accused-appellant.

(3.) On presentation of challan against accused-appellant, copies of challan and other documents were supplied to him under Section 207 Cr.P.C. Finding prima facie case, the accused-appellant was charge-sheeted under Section 302 IPC, to which he pleaded not guilty and claimed trial.