DIWAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) APPELLANT - Diwan son of Hukam Chand has been convicted and sentenced for the offences punishable under Sections 364/377/302/201 IPC by the learned Additional Sessions Judge (Adhoc), Fast Track Court, Sonepat vide judgment of conviction dated 07.07.2003 and order of sentence dated 09.07.2003. Being aggrieved therefrom, appellant has preferred the present appeal impugning his conviction and sentence.

(2.) AS per the prosecution story, appellant allegedly kidnapped Ajay @ Deepak son of Attar Singh, a minor child aged one year and two months, on the intervening night of 17th and 18th June, 2001 at about 11 -11.30 p.m., had carnal intercourse against the order of nature. Thereafter he murdered the child and buried the dead -body in Jowar fields.

(3.) STATEMENT of the complainant's wife Sheela and one Nav Ratan was recorded. Nav Ratan stated that he had seen the appellant -accused carrying the child on the intervening night of 17th and 18th June, 2001. Efforts were made for apprehending appellant - Diwan who was ultimately arrested by SI Satbir Singh near outer road (Phirni) of village Ram Nagar on 18.06.2001 itself.