AMRESH KUMAR AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) CHARGES against the appellants were framed for offences under Sections 365, 302 both read with Section 34 of Indian Penal Code (IPC) and Section 201 IPC for causing certain evidence i.e. by putting dead body of Ankaj (described wrongly as Pankaj in the charge -sheet and at certain other places), a 4 years old child of Bal Kumar complainant in a gunny bag tied with iron wire and kept the gunny bag in a bath room with a intention of screening themselves from legal punishment. All the 4 accused, who are appellants before this Court, were convicted of the offences under Sections 364A/ 201 of IPC read with Section 120 -B IPC by the trial court. They were all sentenced to undergo imprisonment for life and to pay fine of Rs. 5000/ - each, in default to further undergo rigorous imprisonment for two years under Section 364A read with Section 120 -B IPC. They were also sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs. 2000/ - each, in default to further undergo rigorous imprisonment for one year, for offence under Section 201 read with Section 120 -B IPC. The substantive sentences of imprisonment were to run concurrently and the period undergone was directed to be set off according to law.

(2.) ANKAJ did not return and a missing report of child, Ex. PZ was lodged in Police Station, Sector 10 at about 8.40 p.m. on 16.10.2007 itself. In the report Ex. PZ, it is stated that Ankaj had gone for playing at about 1.00 p.m. in house No. 147 belonging to PW -8 Naresh Gujjar. Ankaj did not return and the family had been searching for the child but could not find any clue. The child was wearing yellow T -shirt, black underwear and slipper (chappal) of red colour, when he went for playing.

(3.) PW -19 ASI Dhanesh Kumar received information from PW -13 Bal Kumar that a gunny bag was lying in the bathroom of first floor of House No. 147, from which foul smell was coming. PW -19 reached the spot and took out the gunny bag from the bathroom, which was tied with a metallic wire and opened it. There was a jersey in which the dead body was wrapped. The dead body of Ankaj was identified by PW -13. PW -19 prepared sealed parcels of gunny bag, jersey and iron wire and took these articles into possession vide memo Ex. PEE dated 19.10.2007 and prepared the rough sketch of place of recovery Ex. PFF. He also recorded the statements of Ram Suphal and Nain Kumar with regard to identity of the dead body. Though PW -19 stated that on the same day i.e. 17.10.2007, he visited the spot on receiving information from PW -13 about a gunny bag lying in the bathroom of first floor of House No. 147, yet it is the consistent evidence in the statements of PW -7 and PW -10 that the gunny bag was located late in the evening on 18.10.2007 and the proceedings for that by preparing documents were concluded on 19.10.2007.