SHAMSHER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dtd. 15/4/2014 and order of sentence dtd. 16/4/2014 passed by Sessions Judge, Narnaul, Haryana in Sessions Case No. 30 of 2013 whereby and whereunder appellant Shamsher Singh was held guilty of charges under Ss. 302 and 201 Indian Penal Code, 1860 (hereinafter referred to as 'IPC ') and was sentenced to undergo rigorous life imprisonment and pay a fine of Rs.15,000.00 (in default to undergo RI for six months) under Sec. 302 IPC and to undergo rigorous imprisonment for a period of three years and pay a fine of Rs.5,000.00 (in default to pay fine to undergo RI for three months) under Sec. 201 of IPC.

(2.) Prosecution case as put forth by way of statement of PW-1- Neelam-author of FIR/sister-in-law of accused, on the basis of which FIR was registered, is that accused was younger brother of husband of Neelam and he was married to younger sister of Neelam. Accused had a seven year old son named Anshu (deceased). Accused was confined in jail in connection with a quarrel in the village and in his absence, his wife along with their child, Anshu (deceased) had gone to her parental house, from where she had disappeared 1-1/2 years prior to occurrence. Their son Anshu was at his maternal grandparents/uncle's house. Ten (10) days prior to his release, accused had asked Neelam to get his son Anshu from house of his in-laws. On 25/3/2013, Neelam brought back Anshu and handed over Anshu to accused. Thereafter, accused started beating Anshu. On 22/4/2013 at about 08.00 a.m., Neelam looked in the house of accused and found that accused had committed murder of Anshu whose dead body was lying on the cot. On seeing Neelam, accused took the body of Anshu on pretext that he is going to get medicines from village Dholi. Neelam informed her parents about the incident on phone. Thereafter, Neelam 's brothers namely Sonu and Ashok reached village Akoda and caught hold of Shamsher (accused) at the bani (forest) of village Dholi and found Anshu dead. She accordingly prayed for action against accused.

(3.) After completion of investigation in FIR No.151 dtd. 22/4/2014 registered at Police Station Mahendegarh, challan against the appellant was presented on 11/6/2013. Appellant was put to trial for commission of offences under Ss. 302 and 201 IPC, which was denied by accused who claimed trial. Thereafter, on 16/8/2013 charges under Ss. 302 and 201 IPC were framed.