ASHWANI KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Ashwani Kumar (30) of Karandi (Punjab) was married to Maina Devi (25) of Bhattu Kalan (Haryana) on February 16, 1991. The couple a had young son named Anup who was 3 years (date of birth September 22, 1994). In February-March 1998 the boy disappeared. Ashwani Kumar was charged for murder. He was found guilty by the learned Additional Sessions Judge, Fatehabad vide judgment dated November 3, 2001 and sentenced to rigorous imprisonment for life under Section 302 I.P.C. and to rigorous imprisonment for five years under Section 201 I.P.C. There were also sentences of fine. Ashwani Kumar has filed the present appeal to challenge his conviction and sentence.

(2.) The prosecution case against the appellant was that the appellant alongwith his wife Maina Devi (PW-8), his brother Partap, Partap's wife Kamla Rani lived together in Karandi under one roof. Ashwani Kumar developed illicit relations with Kamla Rani and on this account started maltreating his wife Maina Devi. Ashwani Kumar's mother Raja would advise Maina to follow the instructions given by Kamla Rani who was her senior. Maina had complained about Ashwani's affair with Kamla Rani to his brother Umed Singh (PW-11).

(3.) On January 18, 1998 Umed Singh (PW-11) met his sister Maina Devi (PW-8) at Karandi, Maina Devi again complained to him about the maltreatment at the hands of her husband. She also told her brother that her husband had threatened to seek divorce. Umed Singh wanted to take his sister Maina back with him to Bhattu Kalan but Ashwani did not send her, promising that he would himself bring her to Bhattu Kalan. However, Umed Singh (PW-11) took the young lad Anup with him. On February 11, Ashwani brought Maina Devi to Bhattu Kalan in his jeep RJ-80-C-0233. Ashwani was in a great hurry and did not even wait to have a cup of tea. On February 13, Ashwani returned to Bhattu Kalan and told his wife Maina Devi to get Anup ready and she did as asked. Ashwani took his son Anup from Umed Singh's house. Anup was never seen alive thereafter. At that time Anup was wearing a green cap, light green jersey, a bushshirt, trousers and blue socks. His mother had also given to him two spare shirts. Soon afterwards Ashwani's father Dhanpat Singh Punia also came to Bhattu Kalan and enquired about Ashwani from his wife Maina and Umed Singh since Ashwani had not returned to Karandi.