M.M.PUNCHHI,J - (1.) THIS is an appeal by a teenagar Sanjiv Kumar. He is aggrieved against the judgment and order of the Sessions Judge, Hoshiarpur, dated 7.5.1987 whereby he was convicted for offences under Sections 367 and 302 of the Indian Penal Code and the sentences imposed thereunder.
(2.) THE prosecution case was founded on the first information report lodged by Tarlok Chand (PW2). His son Rajiv Kumar aged about 11 was the victim of the crime - He was a resident of village Dadial in district Hoshiarpur. The matter was reported at Police Post Saila Khurd by him at 11.20 a.m. on 12.8.1986. The accusation be made against the appellant was to this effect : Rajiv Kumar was a student of Vth class. The day before, on 11.8.1986, at about 7.30 p.m., he saw his son Rajiv Kumar Standing near the shop of PW3 Ashok Kumar talking, to appellant Sanjiv Kumar and Paramjit (PW4). Ashok Kumar was present at his shop. Within his hearing he asked his son Rajiv Kumar to come a lone homewards. The appellant, however, responded that the three of them were going towards the fields for easing themselves and that he would leave Rajiv Kumar at the latter's house. Within the seeing of Tarlok Chand, Rajiv Kumar, Sanjiv Kumar and Paramjit went towards the outskirts of the village. He however, went home. He waited for his son uphill 9.00 p.m. but his son did not return. He went to the houses of Sanjit Kumar, appellant, and Paramjit (PW4) but they were not found present in their Houses. Even on the morning of 12.8.1986, he made enquiries from the houses of Sanjiv Kumar and Paramjit but they were not available. Another attempt in the same light was futile. No clue could be found in the agricultural fields on search. It is then that Tarlok Chand laying suspicion on Sanjiv Kumar, appellant of having abducted his son Rajiv Kumar in order to commit sodomy on him and throwing somewhere after killing him that he went to Police Post Saila Khurd and gave statement Exhibit PD on the strength of which formal first information report was recorded at Police Station Garhshankar.
(3.) STATEMENT Exhibit PD was recorded by Manjit Singh, Head Constable (PW8) at Police Post Saila Khurd. After having sent the statement to Police Station Garhshankar, he proceeded towards village Dadial alongwith Tarlok Chand, complainant. At the Bus Stand of village Saila Khurd he arrested the appellant at 1.00 pm. and took him to village Dadial. ASI Radha Krishan of Police Station Garhshankar reached Dadial at 1.20 p.m. to investigate the case. He interrogated the appellant already in custody. On interrogation, the appellant made a disclosure statement that he had kept concealed the dead body of Rajiv Kumar in the maize field of Jit Singh vide statement Exhibit PH. It was signed by the appellant and attested by two witnesses - Kishori Lal and Om Parkash. The appellant then in consequence thereof got recovered the dead body of Rajiv Kumar which was taken into possession vide memo Exhibit PJ. The investigator prepared inquest reported Exhibit PG. The dead body was sent for postmortem examination. Plan of the place of the recovery of the dead body was prepared. It was noted therein that there were signs of dragging in the maize field of Jit Singh. The investigation was further taken up by ASI Harpal Singh.;