CHAND KISHORE Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant has assailed judgment and sentence dtd. 21/12/2016 passed by learned Sessions Judge, Kinnaur Sessions Division at Rampur Bushehr, H.P., in Sessions Trial No. 0000024/2014, whereby the appellant has been convicted and sentenced as under:-

(2.) The prosecution case in a nutshell was that PW- 1 Ganga Devi had telephonically informed Police Station, Nirmand, District Kullu, H.P., at about 8.30 PM on 22/4/2013 that her son, aged about 4 years, was missing since 4/4/30 P.M from village Nirmand. The Police had helped complainant in searching the child but could not trace him. A missing report vide DDR No. 35-(A), dtd. 22/4/2013 Ext. PW-13/A was recorded at the police station concerned at about 10.30.PM. Despite efforts, the child could not be traced and finally on 24/4/2013 at about 2.15 P.M., FIR Ex.PW1/A was registered under Sec. 363 of the IPC.

(3.) On 24/4/2013, at about 4.30 PM, the dead body of the child (Master Sumit) was found, packed in a gunny bag, in a field near Ambika Public School. Suspicion was entertained that the offence might have been committed by some labourer working in the area belonging to Bihar. Accordingly, the police had instructed all the labourers from Bihar, residing in the area, not to leave the place.