HARI KANT Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellants Hari Kant and Kalia who have been held guilty of an offence under Section 302 read with Section 34 of the Indian Penal Code as also under Section 201 read with Section 34 of the Indian Penal Code and sentenced to undergo imprisonment for life as also to pay a fine of Rs. 5,000/- each and R. I. for two years and a fine of Rs. 500/- or in default of payment of fine to further undergo R.I. for six months vide orders passed by the Additional Sessions Judge, Sirsa dated 6th and 7th of April,1995 have filed this appeal with an obvious prayer to set aside the judgment and order of conviction and sentence recorded by the learned Additional Sessions Judge and acquit them of the charges framed against them.

(2.) Sham Bihari PW-1 father of Aspatali lodged F.I.R. with regard to missing of his son from 30-6-1994 at Police Post Khairpur on 4-7-1994. In his statement so made, he stated that he was residing at Village Khairpur and was employed in G.T.M. Sirsa. He was living along with his children in village Khairpur. He has two children, the eldest namely Aspatali was aged about 2 years and younger to him Lachhmi was aged 1.1/4 months. On 30-6-1994, he had gone on his duty and his wife was preparing meals at home. At about 7.45/8.00 P.M. his son Aspatali was playing near the road outside the house with other small children. After some time, his wife Savitri Devi went to take his son but he was not present there. His wife came to G.T.M. and told him about entire matter. Thereafter, they searched for their son Aspatali for a long time but no clue could be found. On 1-7-1994, he had lodged report regarding the missing of his son at police post, Khairpur. Till today they have been searching for their son every where in the city and in the nearby villages but no clue of his son was found. He had suspicion that some unknown persons had taken away his son Aspatali with intention to kill him.

(3.) From the statement made by Sham Bihari, it thus, transpires, that his son Aspatali had gone out of the house on roadside in 30-6-1994 and could not be traced till such time F.I.R. was lodged on 4-7-1994. The special report with regard to the incident was received by the concerned Magistrate on 4-7-1994 at 11.48 PM. The police after investigation arrested the appellants and charged them for an offence under Section 302 read with Section 34 as also under Section 201 read with Section 34 IPC. They were, thus, sent for trial with the result as indicated above.