PRAFULLA C.PANT, J. - (1.) THIS appeal, preferred under Section 374 of Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C.), is directed against the judgment and or­der dated 15-07-2006, passed by learned Additional Sessions Judge/II Fast Track Court, Haridwar, in Sessions Trial No. 404 of 2000, whereby accused/ap­pellant Sandeep has been convicted un­der Sections 302 and 377 of Indian Pe­nal Code, 1860 (hereinafter referred as I.P.C.). The convict (appellant) has been sentenced by said court to imprisonment for life and also directed to pay fine of Rs. 10,000/-, under Section 302 I.P.C., and rigorous imprisonment for a period of ten years and further directed to pay fine of Rs. 10,000/-, under Section 377 I.P.C.
(2.) HEARD learned counsel for the parties and perused the record of the case. Prosecution story in brief is that P.W.1 Narendra Singh, father of the de­ceased, lodged a First Information Re­port (Ext.A-1) with Police Station Kankhal, District Haridwar, on 27-07-2000, at about 9.20 P.M., informing that on said date at about 6.30 P.M., when in his house, was told by the villagers that dead body of a child is lying near Himalayan Stone Crusher in the field of Babu Ram in village Ajitpur. On this, he along with villagers proceeded towards the spot and identified that dead body was that of his son Shekhar, aged 10 years. There were marks of injury on the head and face of the deceased. The dead body was lying without clothes down the waist. In the First Information Report, it is further stated by the complainant P.W.1 Narendra Singh that he took the child with the help of villagers to Shanti Hospital, where the Doctors declared him brought dead. On this, he took back the dead body of his son to village and, thereafter, lodged the First Information Report (Ext.A-1). The report was registered as Crime No. 91 of 2000, relating to offence punishable under Section 302 I.P.C. against unknown persons, P.W.10 Sub Inspector Jodha Singh Adhikari, investigated the crime. P.W.11 Sub In­spector Rajendra Kumar, went to the spot in the same night and took the dead body of the deceased in his possession. He prepared Inquest Report (Ext.A-8). He also got prepared Sketch of the Dead Body (Ext.A-9), Police Form 13 (Ext.A-10), and letter to Medical Officer In-charge (Ext.A-12) for postmortem ex­amination of the deceased. The dead body was sent for postmortem exami­nation. P.W.8 Dr. Suresh Kumar Chauhan, conducted postmortem ex­amination on the dead body of the de­ceased boy on 28-07-2000, and re­corded ante mortem injuries found on the body and prepared Autopsy Report (Ext.A-2). He opined in his report that cause of death of the deceased was shock and haemorrhage due to ante mortem injuries. Apart from head injury, the injuries on the buttock and penis were also recorded. On interrogation of the witnesses, the Investigating Officer found that P.W.2 Som had seen the ac­cused/appellant Sandeep with the de­ceased at about 4.00 - 4.30 P.M. on the day of incident, P.W.3 Mange Ram had seen accused/appellant in a nervous state at about 5.30 P.M. (i.e. after the incident), P.W.4 Maya Ram, Village Pradhan, who scribed the report, told that the accused Sandeep was a person of bad character, P.W.5 Rajesh, uncle of the deceased, told that he did see Sandeep on that day from a distance, hitting some child, but because of fear did not disclose the incident to anyone, P.W.6 Pawan disclosed that on the day of incident accused (appellant) had taken a bicycle from him, which he did not return in that night and after the inci­dent on third day the bicycle was re­ceived near the field of Babu Ram and P.W.7 Karan Singh (brother-in-law of complainant) disclosed that accused Sandeep had made extra judicial con­fession before him about commission of murder of the boy. On completion of investigation, Charge Sheet (Ext. A-13) was submitted by Inspector Mangoo Singh Verma (to whom the investigation was later transferred) for trial of accused Sandeep, relating to offences punishable under Sections 302 and 377 I.P.C.
(3.) THE I Additional Chief Judicial Magistrate, Haridwar, on receipt of the Charge Sheet, after giving necessary copies to the accused, as required un­der Section 207 of Cr.P.C., appears to have committed the case to the court of Sessions, for trial. Learned Sessions Judge, Haridwar, on 30th November 2000, after hearing the parties, framed charge of offences punishable under Sections 377 and 302 I.P.C. against accused/appellant Sandeep. The ac­cused Sandeep pleaded not guilty and claimed to be tried. On this, prosecu­tion got examined P.W.1 Narendra S/o Sant Ram (complainant and father of the deceased); P.W.2 Som, S/o Raja Ram, who has stated that he had last seen accused with deceased; P.W.3 Mange Ram S/o Dhoom Singh, who has stated that he saw the accused in a nerv­ous condition after the incident, P.W.4 Maya Ram S/o Ram Singh, Village Pradhan, who has stated that accused Sandeep was a man of bad character; P.W.5 Rajesh S/o Sant Ram, uncle of the deceased, who has stated that he saw accused Sandeep hitting with stone on the person of a child; P.W.6 Pawan S/o Telu Ram, who has stated that a bicycle was taken by the accused, which was not returned on the day of incident; P.W.7 Karan Singh S/o Surja Ram, who has stated that accused Sandeep made an extra judicial confession to him; P.W.8 Dr. Suresh Kumar Chauhan, who conducted postmortem examination; P.W.9 Constable Yung Bahadur Singh, who prepared Check Report, on the basis of the First Information Report; P.W.10 Sub Inspector Jodh Singh Adhikari, who investigated the crime and P.W. 11 Rajendra Kumar, who prepared the Inquest Report. All the oral and documentary evidence was put to the accused, under Section 313 Cr.P.C., in reply to which he alleged the same to be false. In defence on behalf of ac­cused D.W.1 Narendra Kumar S/o Harphool Singh and D.W.2 Pramod Kumar S/o Sewa Ram, were got ex­amined, who have stated that the ac­cused was not a man of bad charac­ter and there was enmity of the ac­cused with the complainant.;