MADAN LAL ALIAS GHUDU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY this common judgment two appeals, i.e., Criminal Appeal Nos. 174-DB of 2004 (Madan Lal alias Ghudu v. State of Punjab) and 497-DB of 2006 (Manohar Lal alias Gugga v. State of Punjab), are being decided, as they have arisen out of one and the same judgment passed by the then Additional Sessions Judge, Gurdaspur, dated 23.9.2003, vide which present appellants were convicted for offences under Sections 364-A/302 and 201 of Indian Penal Code (hereinafter to be referred as 'IPC') and sentenced to undergo imprisonment for life for offence under Sec. 364-A, IPC and to pay a fine of Rs.1000/- each and, in default of payment of fine, to further undergo rigorous imprisonment for three months each. Both the accused were also sentenced to undergo imprisonment for life under Section 302 IPC and to pay a fine of Rs.1000/- and, in default of payment of fine, to further undergo rigorous imprisonment for three months each. No separate sentence was passed for offence under Section 201 IPC. It was ordered that substantive sentence of the imprisonment, awarded to the accused, shall run concurrently.

(2.) BRIEFLY put, the case of the prosecution is that Mohan Lal son of Bansi Lal, Caste Brahmin, resident of Marajpur, i.e., the complainant, used to work in sugar mill, Paniar. He was married with Smt. Krishana Devi in the year 1987. Out of the wedlock, a female child, namely, Bharti Sharma, was born after seven years of the marriage. On the day of occurrence, i.e., on 17.2.2001, she was about four and half years of age. On that day, at about 10.00 a.m., she went out of the house to play in the street, but, however, did not return. Complainant had been searching her in the village, in the nearby villages and in his relations, but she was not found.

(3.) MOHAN Lal, the complainant got recorded his statement, Ext. PE with Dev Dutt, Station House Office, Police Station Dina Nagar, PW 10, who was present on a bridge of Nango Nangal along with other police officials on 20.2.2001, on which he made his endorsement, Ext. PE/1 and sent the same to the Police Station, on the basis of which formal First Information Report, Ext. PE/2 was recorded. He had also taken into possession the letter, Ext. PF, which was produced before him by the complainant-Mohan Lal, vide memo Ext. PG.