DINESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellant was charged for committing the offence punishable under Section 302 IPC for intentionally committing the murder of Gulshan. He was also charged for committing the offence punishable under Section 201 IPC for causing certain evidence connected with the said offence to disappear. Vide judgment and order dated 24/25.2.2010, learned Additional Sessions Judge, Nuh convicted him for the aforementioned offences and sentenced him to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/ - for the offence under Section 302 IPC and in default of payment of fine, to further undergo imprisonment for a period of one year and also sentenced him to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 5,000/ - under Section 201 IPC and in default of payment of fine, to further undergo imprisonment for a period of three months. Both the sentences were ordered to run concurrently. The period spent by him in custody during the trial was ordered to be set off against the substantive sentences.

(2.) BRIEFLY put the case of the prosecution is that DDR No. 18 dated 20.6.2008 (Ex. PC) was got recorded by complainant -Baby on 20.6.2008 regarding missing of her 2 1/2 years' old son Gulshan. On 22.6.2008, she presented application Ex. PD to ASI Girraj Singh at Bus Adda, village Khori Kalan. It was stated therein that she belonged to Bihar, and, at that time, residing in Majid Colony, Khori Kalan, Tauru and serving in Toras Company at Bhiwari. On 19.6.2008, her son Gulshan was found missing while playing. In that regard, she had made a report at the Police Post. She had been searching for her son and when she was going in the fields, she noticed bad smell. She found her son lying dead. She also stated that there was some dispute between her family and her cousin Dinesh @ Dina (the appellant), who also belonged to Bihar and at that time residing in Khori Kalan. He was working in Balaji Company at Bhiwari. He had evil eye on her daughter. She had stopped him from coming to her house, but he threatened to destroy her family. He also used to quarrel with her. On 20.6.2008, she alongwith other residents of the Mohalla had enquired from the appellant about missing of her son Gulshan, but he did not give any satisfactory reply. She suspected the involvement of the appellant in the murder of her son as he had been keeping an evil eye on her daughter and the enmity he had with her family. He had thrown the dead body of Gulshan in the fields.

(3.) IT is also the prosecution case that ASI Girraj Singh then went to the fields in the area of Khori Kalan, where the dead body of Gulshan was lying and identified by complainant -Baby and Swaminath Singh. Inquest report Ex. PD/4 was prepared under Section 174 Cr.P.C. Rough site -plan Ex. PD/6 was also prepared. Khem Chand, Photographer was summoned to the spot, who took photographs Ex. P1 to P3. The dead body was, thereafter, sent to PGIMS, Rohtak for post -mortem. The appellant was arrested on 23.6.2008. He suffered disclosure statement Ex. PD/7, pursuant to which he got recovered clothes of the deceased vide memo. Ex. PD/8.