SANJIV KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal by a teenagar Sanjiv Kumar. He is aggrieved against the judgment and order of the Sessions Judge, Hoshiarpur, dated 7.5.1987 whereby he was convicted for offences under Sections 367 and 302 of the Indian Penal Code and the sentences imposed thereunder.

(2.) THE prosecution case was founded on the first information report lodged by Tarlok Chand (PW2). His son Rajiv Kumar aged about 11 was the victim of the crime - He was a resident of village Dadial in district Hoshiarpur. The matter was reported at Police Post Saila Khurd by him at 11.20 a.m. on 12.8.1986. The accusation be made against the appellant was to this effect :

(3.) STATEMENT Exhibit PD was recorded by Manjit Singh, Head Constable (PW8) at Police Post Saila Khurd. After having sent the statement to Police Station Garhshankar, he proceeded towards village Dadial alongwith Tarlok Chand, complainant. At the Bus Stand of village Saila Khurd he arrested the appellant at 1.00 pm. and took him to village Dadial. ASI Radha Krishan of Police Station Garhshankar reached Dadial at 1.20 p.m. to investigate the case. He interrogated the appellant already in custody. On interrogation, the appellant made a disclosure statement that he had kept concealed the dead body of Rajiv Kumar in the maize field of Jit Singh vide statement Exhibit PH. It was signed by the appellant and attested by two witnesses - Kishori Lal and Om Parkash. The appellant then in consequence thereof got recovered the dead body of Rajiv Kumar which was taken into possession vide memo Exhibit PJ. The investigator prepared inquest reported Exhibit PG. The dead body was sent for postmortem examination. Plan of the place of the recovery of the dead body was prepared. It was noted therein that there were signs of dragging in the maize field of Jit Singh. The investigation was further taken up by ASI Harpal Singh.