OM PRAKASH @ PADDA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal seeks to challenge judgment dated 15.09.2007 passed by the Court of Additional Sessions Judge, Rajgarh, District Alwar (for short ‘the trial court’) whereby the accused-appellant Om Prakash @ Padda has been convicted for offences under Sections 302, 364 and 201 Penal Code and sentenced as under:

(2.) Succinctly stated, facts of the case are that on 06.04.2007 at around 3.00 P.M., complainant Mohar Pal(P.W.1) submitted a written report(Exhibit P-2) to S.H.O., P.S. Rajgarh, Alwar alleging therein that his son Roop Singh aged about 5-6 years went to see the fair (mela) of Nangeshwar Baba at Barabadhkol. Whole day, his son was with him, but suddenly around 6.00 P.M., he went missing. When complainant and his son along with other children were preparing to board bugga (a vehicle also known as 'jugad') for returning to their homes, his son Roop Singh went missing from the site. Complainant made intensive search for his son, but no trace of him was found. His son was of fair complexioned and slender in physic. He was wearing pant and a lining shirt. On the basis of aforesaid report, the police registered a missing person report(Exhibit P-1). On 08.04.2007, complainant Mohar Pal(P.W.1) again submitted a report to the effect that on 05.04.2007, his son Roop Singh went with the family members to see the fair of Nangeshwar Baba at Barabadhkhol and due to heavy rush in the fair, his son separated from the family. He made a search for his son all around, but could not find him. A missing person report was lodged at Police Station Rajgarh, Alwar. It was further averred in the report that when they were searching for his son, one Amit Lal(P.W.7), a boy aged 8 years, of his village informed him that on the said day, he saw Om Prakash @ Pada taking Roop Singh towards the temple on the pretext of offering 'prasad'. It was also mentioned in aforesaid report that few days prior to this incident, some exchange of hot words took place between informant and accused at the residence of former and on that occasion, accused had threatened him with dire consequences. Therefore, he doubted that Om Prakash had taken his son to some unknown place.

(3.) On the basis of aforementioned written report, regular FIR No. 93/07(Exhibit P-3) was registered at Police Station Rajgarh, Alwar for offence under Sec. 364, 302 and 201 IPC. Police started investigation and recorded statement of witnesses and prepared site plan. Dead body of deceased Roop Singh was recovered upon information obtained from the accused-appellant under Sec. 27 of the Indian Evidence Act and post mortem of dead body was conducted. Accused-appellant was arrested by police. Police after completion of investigation filed charge sheet against the accused-appellant for offences under Sections 364, 302 and 201 IPC. Charges under Sections 364, 302 and 201 Penal Code were framed against the accused-appellant, which he denied and claimed trial. The prosecution produced 14 witnesses and exhibited 19 documents. Thereafter, the accused-appellant was examined under Sec. 313 Crimial P.C. wherein he pleaded innocence. No witness was produced by defence and only four documents were exhibited. The trial court, on conclusion of trial, vide impugned judgment and order dated 15.09.2007 convicted and sentenced the accused-appellant in the manner as indicated herein above.