JUDGEMENT
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(1.)This appeal impugns the judgment dated 22.12.2010 and subsequent order on sentence dated 24.12.2010 delivered by District Judge-VIII, Rohini Courts, Delhi in Sessions Case No.88/2010 whereby the appellant was convicted under Section 302 of the Indian Penal Code, 1860 (for short 'IPC') for having committed murder of his step-son Monu @ Gurpreet Singh aged about 4 years. The conviction arose out of FIR No.835/2006 (Ex.PW-4/A) registered at Police Station-Tilak Nagar under Sections 363/302/201 IPC. Upon conviction under Section 302 IPC, the appellant herein has been sentenced to undergo imprisonment for life.
BRIEF FACTS
(2.)On 7.11.2006 at about 2:10 pm, a missing complaint vide DD No.15 (Ex.PW-18/A) was registered by the appellant, before the Police Post Khyala, PS Tilak Nagar alleging that his step-son Monu @ Gurpreet Singh, aged 4 years, had been missing from home since 06.11.2006. The said missing report (Ex.PW-18/A) was recorded by PW-5 Ct. Om Prakash and he proved the same before the Trial Court. The appellant had also furnished to the police, description of his step-son Monu @ Gurpreet Singh.
(3.)Thereafter, on 08.11.2006, Babli (PW-3), who is the wife of the appellant and mother of the deceased Monu @ Gurpreet Singh, approached the Police Post and gave a statement which is Ex.PW-18/B. Babli (PW-3) stated that she is a house wife and that her son Monu @ Gurpreet Singh aged about 4 years was born out her first marriage with one Gurdev Singh. She further stated that after her divorce with Gurdev Singh, she got married with Hardayal Singh, the appellant herein on 25.06.2006 and then she along with her son Monu came to stay with the appellant in her new matrimonial home located at H. No.59, Vishnu Garden, Delhi. She complained to the police that the appellant was unhappy about the fact of her bringing along her son Monu @ Gurpreet Singh to stay with them. She further stated that the appellant used to beat Monu @ Gurpreet Singh as also pick quarrels with her on account of Monu staying with them. The appellant even told her to send Monu to her parent's house which was opposed by Babli who insisted that Monu would stay with her.
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