Mehtab Singh Gill, J. - (1.) This is an appeal against the judgment dated 22.8.2001 of the learned Sessions Judge, Sirsa, whereby he convicted Rakesh Kumar alias Rinku son of Joginder Pal under Sec. 302 IPC and sentenced him to undergo life imprisonment. A fine of Rs. 15,000/ - was also imposed on him, in default of payment of fine to further undergo R.I. for six months. The case of the prosecution is unfolded by the statement Ex.PA of Jyoti Bhatia w/o Rinku Manchanda given to ASI Ram Kishan, Police Station Ding, District Sirsa.
(2.) Jyoti Bhatia stated, that she is residing in Mandi Dabwali on the given address. She works in an orchestra. Earlier she had married to Kamal Gupta of New Delhi. It was a love marriage. From that wedlock, a son, Annu was born. Annu was six years of age on the day of occurrence. She was not happy with the marriage with Kamal Gupta, which ultimately culminated in divorce. About one year before this occurrence, Jyoti Bhatia married Rinku Manchanda (accused). Rinku hated her son Annu, as he was from her first husband. Many times Rinku had threatened and told her that her son Annu should be adopted by someone, otherwise he would kill him. On 29.2.2000 at 2.30 p.m., Annu had passed urine on the bed. Rinku got an excuse to beat Annu. He gave him fist, slap and kick blows on the abdomen etc. He started throttling Annu with a Chunni. Jyoti Bhatia raised an alarm. Vijay Kumar son of Naresh Kumar came there and tried to save Annu. But her son had succumbed to the injuries and throttling. On the basis of this statement, FIR Ex. PA was recorded on 29.2.2000 at 6.40 p.m. The special report reached the S.D.J.M., Dabwali on the same day at 8.15 p.m.
(3.) The prosecution to prove its case brought into the witness box Jyoti Bhatia PW1, Vijay Kumar PW2, Dr. T.R. Mittal PW3, SI Babu Lal PW4, ASI Ram Kishan PW5 and Mohan Lal Constable PW6.;