KULDEEP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) APPELLANT - Kuldeep Singh has preferred this appeal challenging judgment of conviction dated 26.04.2010 and order of sentence dated 28.04.2010 passed by the learned Additional Sessions Judge, Panipat whereby he has been convicted and sentenced to undergo rigorous imprisonment for life for the offence punishable under Section 302 IPC, besides, pay a fine of Rs. 5,000/ - and in default thereof, to undergo further rigorous imprisonment for ten months.

(2.) BRIEF facts of the case are that, FIR No. 116 dated 23.03.2008, under Section 304 IPC, Police Station Chandni Bagh, Panipat was registered on the basis of statement (Ex. PC) of Sabira son of Bundu. Complainant - Sabira stated that appellant - Kuldeep Singh, who was on visiting terms with his family, had come to their residence on 21.03.2008 at 7.00 p.m. He had taken the complainant's son, Monu @ Islam on the complainant's motorcycle. Appellant - Kuldeep Singh returned alone alongwith the motorcycle at 11.00 p.m. On enquiry about his son Monu @ Islam, Kuldeep said that he would return in the morning. Complainant and his family members searched for Monu but he could not be traced. On 22.03.2008, appellant - Kuldeep himself brought the deadbody of Monu at about 7.00 a.m. in a bullock cart (Jhota Buggi) at his residence and stated that Monu was found dead in the drain (Nala). Kuldeep Singh (appellant) on 23.03.2008 came to the complainant and confessed before him, his wife Kalsum and his son Gulab to having murdered Monu by strangulating him with a rope and throwing the body in the drain. On his statement, FIR (Ex. PM) was registered. Appellant - Kuldeep Singh was arrested on 24.03.2008.

(3.) ON completion of investigation, challan/report under Section 173 Cr.P.C. was presented under Section 304 IPC. Charge was framed against the appellant on 11.07.2008 under Section 302 IPC for having caused the death of Monu @ Islam.