KANWALJIT SINGH AHLUWALIA, J. - (1.) SUNNY , aged about 4 years, son of the complainant Prem Singh, PWI, had gone to attend his school situated at village Garhi Chhaju along with other children on 9.11.2004 at about 9.00 a.m., but he did not return home. By the evening, a search was made for him. A proclamation was also made by beat of drum (munadi) in the village and also in the neighbouring villages. The next morning i.e. 10.11.2004, dead body of Sunny was found in the gallery of the School, having injuries on his neck and waist. This led his father Prem Singh, PW1, to approach the police and make a report Ex. PA, containing above stated facts. In his report Ex. PA, the complainant specifically stated that since he was not having any enmity with anyone, therefore, he is not doubting involvement of anybody in the crime. The statement Ex. PA was recorded by PW7 Jai Singh, Assistant Sub Inspector, Police Station Samalkha, on 10.11.2004 at about 10.30 a.m. at the turning of village Garhi Chhaju on the basis whereof formal FIR Ex. PN was registered.
(2.) DURING investigation, various incriminating circumstances surfaced against appellant- Satbir Singh alias Nanha which led the Investigating Agency to submit a final report under Section 173 Cr.P.C. After commitment of the case, the appellant was tried by the Court of Additional Sessions Judge, Panipat and was found guilty vide its impugned judgment dated 27.2.2006, for offence under Sections 377 read with Section 511,302 and 201 IPC, Vide a separate order dated 1.3.2006, the appellant was sentenced as under: JUDGEMENT_624_CRIMES4_2012-312013-s1.jpg JUDGEMENT_624_CRIMES4_2012-312013-s2.jpg The present appeal assails the impugned judgment of conviction and order of sentence.
(3.) THE prosecution, after framing of charge, rested its case on the following circumstances to bring home guilt of the appellant: (i) Deceased Sunny was lastly seen with the accused/appellant. This fact is brought on record in the testimony of PW.2 Tara Singh. (ii) The appellant, on 9.11.2004 at about 7.30 p.m. was seen near the school i.e. the place where the dead body of Sunny, deceased, was found. This is the time when the dead body was allegedly kept at the School. This fact surfaced in the deposition of PW3 Mahabir Singh duly corroborated by PW1 Prem Singh. (iii) In pursuance of the disclosure statement Ex. PD made by the appellant on 13.11.2004, he led the police party for demarcation and identification of the spot, vide memo Ex. PD. The disclosure statement Ex. PC and the memo of demarcation Ex. PO are witnessed by PW5 Kanwar Bhan, PW7 Jai Singh, Assistant Sub Inspector, PW6 Ram Kumar and PW14 Rattan Singh, Investigating Officer. (iv) The appellant made extrajudicial confession to PW5 Kanwar Bhan. ;