(1.) This appeal arises out of impugned judgment and order dated 05.12.2014 passed by Additional Sessions Judge, Court No.16, Agra in Sessions Trial No.408 of 2013, convicting the appellant under Sections 364 , 302 and 307 of IPC and sentencing him to undergo ten years rigorous imprisonment under Section 364 with a fine of Rs.25,000/-, in default thereof, three months' simple imprisonment; imprisonment for life under Section 302 with a fine of Rs.50,000/-, in default thereof, six months' simple imprisonment; and ten years rigorous imprisonment under Section 307 of IPC with a fine of Rs.25,000/-, in default thereof, three months' simple imprisonment. All sentences shall run concurrently.
(2.) In the present case, there are two deceased, namely, Rahul aged 10 years and Ankit aged 6 years. The accused-appellant is real uncle of the two deceased. As per prosecution case, marriage of the accused-appellant could not be solemnized for which he appears to have made request before his father and brother (Devi Singh, the complainant). The accused was replied that he is not doing anything and, therefore, his marriage is not possible. It further appears that accused got annoyed with the behavior of first informant and his father, and on 07.03.2013, he picked-up three children of his brother Devi Singh, namely Rahul (deceased, aged 10 years), Anjali (PW-2, injured, aged 8 years) and Ankit (deceased, aged 6 years) from the school. The appellant took all the three children along with him outside the town and caused several injuries to them and killed Rahul and Ankit by strangulating them and did the same act with Anjali. After committing the above act, appellant fled away from the spot thinking that all the three children have expired. When the children of PW-1 Devi Singh did not return to their house, they were searched and it was informed by Awashesh, maternal nephew of the accused and PW-1 Devi Singh that he saw the appellant taking away all the three children along with him.
(3.) On the basis of written report Ex.Ka-1, lodged by PW-1 Devi Singh, offence under Section 364 of I.P.C. was registered against the appellant vide Ex.Ka-10. On the next morning. i.e. 08.03.2013, an information was given to the police that three children are lying in the injured condition, the police reached to the place of occurrence, took all the three children to the hospital, where Rahul and Ankit were declared dead, whereas PW-2 Anjali was treated by the doctor.