STATE OF HARYANA Vs. NEEL KUMAR @ ANIL KUMAR

JUDGEMENT

(1.) WE will be deciding Murder Reference No. 1 of 2009 and Criminal Appeal No. 268-DB of 2009 by the same order/judgment, as they arise out of the judgment/order dated 2.3.2009/6.3.2009 of the learned Additional Sessions Judge, Yamuna Nagar at Jagadhri, convicting Neel Kumar @ Anil Kumar son of Som Nath under Sections 302/376(2)(f)/201 IPC. Under Section 302 IPC, Neel Kumar @ Anil Kumar was awarded the death sentence. Under Section 376(2)(f) IPC, he was sentenced to undergo life imprisonment and to pay a fine of Rs. 2,500/-, in default to further undergo R.I. for three months. Under Section 201 IPC, he was awarded the sentence for three years and to pay a fine of Rs. 1,000/-, in default to further undergo R.I. for one month.

(2.) THE learned trial Court in its wisdom acquitted Ramesh Kumar, Lakha, Tejbir and Gunga, all sons of Natha and convicted Neel Kumar alias Anil Kumar. State has not filed any appeal against their acquittal.

(3.) ROOPA Devi stated in her application Ex.P5, that Neel Kumar alias Anil Kumar son of Natha is her husband. On 26.6.2007 she had gone to her parental home at Village Kesri after informing her husband. She could not come back to Village Bilaspur in the evening for some reason. On 26.6.2007 in the evening, she received a telephonic message that her husband Neel Kumar had committed rape upon her four year old daughter. On the next day i.e. on 27.6.2007, Roopa Devi accompanied by 5-7 members of her Biradari (Brotherhood), came to Village Bilaspur. A panchayat was convened, but the panchayat could not take any decision. She further stated, that Neel Kumar along with his brothers Ramesh Kumar, Lakha, Tejbir, Gunga had murdered her four year old girl Sanjana. They did not reveal as to where the dead body of the girl was kept. She had a child of 15 days old in her lap, namely Salman, which the appellant along with her brothers took away from her.