VIJAY KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Vijay Kumar son of Prem Lal and Parveen Kumar son of Tarlok Chand, both residents of village Pajeke Uttar, have been convicted by Sessions Judge, Ferozepur under Section 302 of the Indian Penal Code and sentenced to imprisonment for life. They have also been convicted for the offence under Section 364 of the Indian Penal Code and sentenced to R.I. for a period of three years and for the offence under Section 201 of the Indian Penal Code and required to undergo R.I. for a period of two years and for the offence under Section 404 of the Indian Penal Code and to undergo R.I. for a period of two years. They have also been ordered to pay a fine of Rs.100/- for each of the aforesaid offences and to further undergo R.I. for a period of two months in default of payment of fine. All the sentences were to run concurrently. Aggrieved against it the present appeal has been preferred.

(2.) The story of the prosecution is that Om Parkash complainant a shopkeeper of village Pajeke Uttar received information at 6.30 p.m. on 5.5.1990 from his wife that their son Bharat Bhushan aged 7 years was not traceable. On receipt of this information Om Parkash the father started PUNJAB Page 2 of 5 search. Darshan Lal, a brother of sisterTs husband of the complainant, resident of village Rukna Bodla which was at a distance of 11/2 kms. informed him that Bharat Bhushan was noticed by him on the previous evening playing near the house of Vijay Kumar a resident of the village Pajeke Uttar itself and at that time Parveen Kumar son of Tarlok Chand of the same village was also present at the house of aforesaid Vijay Kumar. Om Parkash the father formed a suspicion that the aforesaid two persons kidnapped his son Bharat Bhushan with an intention to cause his death. Om Parkash proceeded for lodging the report. Shri Gurcharan Singh ASI met him in the grain market and his statement was reduced into writing and on this short statement an FIR which contained the names of the present two appellants as the assailants was recorded at 9.55 A.M. on the following day i.e. 6.5.1990 at Police-Station Guru Har Sahai. The special report was despatched and it was received by the Additional Chief Judicial Magistrate, Ferozepur on the same day at 4.00 p.m. Thereafter, Shri Gurcharan Singh ASI proceeded to the residence of Vijay Kumar and as a consequence of the disclosure statement of aforesaid Vijay Kumar the dead body of the child was recovered from koop of toori which was situate adjoining the house of one Krishan Lal at a distance of about one hundred karams from the house of Vijay Kumar. After preparing an inquest report the dead body was despatched for the purpose of post-mortem examination and cause of death was found to be strangulation. There was also alleged extra-judicial confession made by Vijay Kumar as well as Parveen Kumar. The case which was originally registered for the offence under Section 364 was converted into one under Section 302 of the Indian Penal Code. A little later on receipt of some secret information the police proceeded to Radhaswami Satsang which was being held in the village and picked up Parveen Kumar who as a consequence of his disclosure statement made in the presence of Hazara Ram and Om Parkash, caused the recovery of an electric wire and a Tawiz allegedly worn by the child, which he had concealed in the heap of toori in the house of his maternal uncle situate in the same village. The second accused Parveen Kumar started vomitting after the alleged recovery and he was admitted in the Primary Health Center of village Guru Har Sahai at 2.50 P.M. on 6.5.1990 itself and on 7.5.1990 he was referred to Civil Hospital, Ferozepur. This Parveen Kumar had multiple marks of contusions on his body. A part of gastric lavage which was preserved by the Medical Officer and the report of the Chemical Examiner in respect thereof indicated that it contained zinc phosphide. The motive alleged by the complainant was that Vijay Kumar owed some money to the complainant and Vijay Kumar was unable to pay.

(3.) PW 1 Dr. Vikas Priya, Medical Officer of Civil Hospital, Ferozepur conducted post mortem examination on the dead body of Bharat Bhushan son of Om Parkash at 4.10 P.M. on 6.5.1990 and the injuries found on his person were as under: