Arun B. Saharya, J. -
(1.)By this common judgment, we would dispose of the Appeal filed by Lalit Kumaragainst judgment and order dated 31st of August 1994 passed by the Additional SessionsJudge, Delhi convicting and sentencing him to undergo rigorous imprisonment for aperiod of four years under Section 365 Indian Penal Code and to death under Section 302 Indian Penal Code andthe above-noted Murder Reference made by the Sessions Court for confirmation ofthe death sentence under Section 302 IPC.
(2.)The charge against Lalit Kumar was that on 17th of January 1992, he kidnappedAnil, aged about 9 years, son of Om Parkash, resident of P2-175, Sultanpuri, Delhi;and during the period 17th of January 1992 to 24th of January 1992 committed murderof the child in the forest of Avagarh in Distt. Aita, U.P.
(3.)The prosecution case is that on 17th of January 1992 Om Parkash (PW-10)lodged a report (EX.PW- 1/D) at Police Station Sultanpuri, Delhi, that his son Anilhad gone out to ease himself at about 4 p.m. and was missing. Same day, at about 5,30p.m., Rajinder Singh (PW-2), Sarvan Kumar and Bir Singh saw Lalit together withAnil at the Azadpur bus stand. Thereafter, on 22nd of January 1992, at about 6.15p.m., the accused was last seen together with the boy by Pokh Pal (PW-3), Rampal,Puran Singh and some others, in Village Bachakar. Later, at about 7.45 p.m., whenGeetam (PW-4) met him, the accused was alone at Village Nangla Bakhti. The accused had asked at both these places for the way to go to Village Misa Khurd. On23rd of January 1992, early in the morning, abandoned dead body of a child was foundlying in a pit in the forest area between Village Bachakar and Village Nangla Bakhti,within the jurisdiction of P.S. Avagarh, Distt. Aita, U.P. A large number of villagersfrom the neighbouring villages gathered there. Pokh Pal (PW-3), who also reachedthere, recognised the dead body and told those present that on the previous day, aftersunset, he had seen the child along with a man who wanted to go to Village MisaKhurd. Manpal singh (PW- 5), a resident of Village Nangia Bakhti, was also therewhen Pokh Pal (PW-3) gave this information. On his return to Village Nangla Bakhti,in the evening, he met Geetam (PW-4), who told him that only the previous day, latein the evening, he too had met some-one, who had a chat with him about his relativeHeera Lal Dhobi and asked him to show the way for going to Village Misa Khurd, Inpursuance of the clues so gathered from Pokh Pal (PW-3) and Geetam (PW-4), on24th of January 1992, Manpal Singh (PW-5) along with 10 to 15 companions from Village Nangla Bakhti, embarked upon search of the suspicious stranger and proceededto the next Village Misa Khurd. There, they located the house of Heera Lal and foundthe accused standing at the gate. On inquiry, a local resident pointed towards him andrevealed that he was the one who had come the night before last very late. Theycaught hold of the accused and brought him back to Village Nangla Bakhti, whereGeetam (PW-4) identified him as the person who met him and talked about going toVillage Misa Khurd. The accused was then conducted to Village Bachakar. Here,Pokh Pal (PW-3) and others also identified him and confirmed that he was the onewho was seen together with the deceased child on 22nd of January 1992. Thus confronted, the accused admitted that he had brought the child from Delhi and that. hehad killed the child. Thereafter, he cunningly took to his heels. Finally, he was arrested on 28th of January 1992 at Delhi.