RAKESH AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present appeal is preferred by Rakesh son of Dhan Singh and Bintu @ Vishal son of Kaluram against the judgment of conviction and order of sentence dated 14.01.2010 passed by the Sessions Judge, Gurgaon, whereby both the appellants were convicted for the offences punishable under Sections 302 and 201 read with Section 34 I.P.C. and sentenced to undergo imprisonment as mentioned in the order of sentence.

(2.) THE prosecution case was set in motion on 12.06.2009, when SI/SHO Parkash Chand, PS Bilaspur recorded the statement of Ajit Singh son of late Siri Chand, father of the deceased - Krishan. In his statement (Ex. PA), Ajit Singh stated that he has four sons and one daughter and that his third son Krishan Kumar, aged about 15 years, used to graze sheep and goats. He further stated that on the intervening night of 7/8.06.2009 at about 11.00 PM, when he and his son Krishan Kumar were sleeping in front of his house, when Rajesh son of Dhan Singh, whose house is in front of his house, woke up his son Krishan and took him. He further stated that he asked Rakesh as to where he was taking Krishan, upon which Rakesh replied that they are going for a walk. He further stated that when both of them did not return back, he tried to search for his son Krishan as well as Rakesh, but in vain. He further stated that today i.e. 12.06.2009, he received an information to the effect that a decomposed dead body of a child was lying behind a blanket factory near the boundary wall of AMP factory. He went there and identified the dead body to be of his son Krishan. He stated that after murdering his son Krishan, Rakesh thrown his dead body here. On the basis of such statement, ruqa (Ex. PA/1) was sent to the Police Station for registration of an FIR around 1.40 PM. On receipt of ruqa, FIR (Ex. PA/2) was recorded by ASI Amir Singh.

(3.) THE post -mortem examination on the dead body of Krishan was conducted by PW -13 Dr. Vijay Pal Khanagwal, Professor, Department of Forensic Medicine, PGIMS, Rohtak on 13.06.2009 at about 1.30 PM. He found the following injuries: