STATE Vs. HARI OM

JUDGEMENT

(1.) Crl.M.A.No.808/2014 (Exemption)Allowed, subject to just exceptions. CRL.A. 808/2014

(2.) The respondent was charged for an offence punishable under Section 302 IPC. He has been convicted for the offence punishable under Section 304 Part-II IPC, which judgment is neither challenged by him nor by the State before this Court.

(3.) The factual foundation of the case is based on the testimony of two witnesses i.e. PW-1 Aarti, mother of the deceased and PW-2 Dilip, maternal uncle of the deceased. The respondent is the father of the deceased Ankit, an 18 month old child. Aarti deposes that she got married to the respondent around three years prior to the incident and after 11/2 years of the wedlock the deceased Ankit born to them. Both the husband and wife were working as labourer, thus residing in Gurgaon, Faridabad and Gujarat on different periods. For the last one month, the respondent was suspecting infidelity and would thus assault Aarti after taking liquor. Fed up with the behaviour of the respondent, Aarti with her son went to place of her in-laws at Village Bhadohi, District Etawa, U.P. on April 15, 2014. After three days of reaching the village, the respondent made a phone call to Aarti and threatened her that she would stay in the village without food and she and her son will not be permitted to move from there. Finally on 19th of the same month, she along with her son reached Delhi and came to the house of her mother. Since her mother's house was locked, she went to her sister Anita's house situated in a gali nearby. After two three days, the respondent arrived at Delhi and reached her sister's house. The respondent asked Aarti to come to the room of her mother. Thus, both Aarti and respondent along with their child went to the room of the mother with PW-2 Dilip, brother of PW-1 accompanying them. The room of the mother was on the second floor and was locked. So the younger sister of Aarti went to fetch the keys from her mother, who was working as maid in the nearby houses. While the child was in the arms of PW-1, the child got out of the lap of Aarti and went to the lap of respondent. He slept in the lap of the respondent after playing for some time with him. Since the child was off to sleep, Aarti asked the respondent to give the child to her so that she could make him sleep comfortably. On this, the respondent uttered "Le Ankit So Gaya Hai Mein Ise Hamesha Ke Liye Sula Deta Hun" and then holding the child in both hands the respondent proceeded and threw the child from the second floor towards the road. The child's head burst and he died on the spot. The respondent tried to run away however, he was caught on the spot.