SANJIV KUMAR @ SANJU Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 24.1.2003 and order dated 25.1.2003, rendered by learned Sessions Judge, Yamuna Nagar at Jagadhri, in Sessions Case No. 42 of 1999/2002, vide which accused Sanjiv Kumar alias Sanju was charged with and tried for the offence punishable under Section 302 of the Indian Penal Code. He was convicted and sentenced under Section 302 IPC to undergo life imprisonment.

(2.) The case of the prosecution in a nutshell is that PW6 Raj Kumar had lodged a complaint to the effect that on the intervening night of 19/20.12.1998, his son Parvesh Kumar (deceased) took his meals as usual. On the following day i.e. in the morning of 20.12.1998, Parvesh Kumar was found missing. Efforts were made to trace him out. On 31.12.1998, Sanjiv Kumar @ Sanju son of Suresh Kumar disclosed to Raj Kumar that when he went in to the sugarcane field of Jai Ram to ease himself, he saw a dead body and when he went near, he found the dead-body of Parvesh Kumar lying there. On this information, he along with Prem Singh, Suresh Kumar and other persons went to the spot. Neck was tied with shirt. PW Raj Kumar left for police station for lodging the report. He lodged the report. Site plan was prepared. The dead-body was sent for post-mortem examination. The matter was investigated and challan was put up after completion of all the codal formalities.

(3.) The case of the prosecution further is that the accused had made a disclosure statement before PW7 Mohinder Singh that he had killed Parvesh Kumar.