PURSHOTTAM LAL Vs. STATE OF U P

JUDGEMENT

(1.) These appeals have been preferred assailing the judgment and order dated 7.1.2010 passed by Additional Sessions Judge, Court No. 1 in S.T. No. 810 of 2006 whereby the Court below recorded verdict of conviction against the appellants under Sections 302/34 I.P.C. and each of them were sentenced to undergo imprisonment for life together with a fine of Rs. 10,000/- with default stipulation to suffer further imprisonment for one year. The appellants have further been convicted under Sections 201/34 I.P.C and sentenced to undergo imprisonment for two years R.I.. together with a fine of Rs. 5,000/- with default stipulation to suffer further imprisonment for six months.

(2.) Since all the above appeals stems from a common judgment rendered in ST No 810 of 2006, they were lumped together and heard as a composite case and the same are being decided by a common judgment.

(3.) Filtering out unnecessary details, the prosecution case is that on 9.5.2005, a marriage function of the daughter of first informant's uncle was being held at Khushhal Ka Pura Mohari within the circle of PS Soraon. After the ceremony of Dwarchar was over, marriage feast was served at about 10.00 p.m. At that time, informant's son aged about 12 years was seen outside the main gate of the house. However, at about 11.00 p.m. when he was not nowhere to be seen, the family members grew anxious and a thorough and assiduous search was launched all around in the area but he was nowhere traceable. Next morning when the villagers had gone to answer the call of nature near the brook, they noticed the dead body of a boy in the field. A hue and cry was raised which attracted several persons and the body was identified to be that of his son Vishal aged about 12 years. In the report he gave currency to the suspicion that whatever had happened with his son had happened as a vengeance and motivated by jealousy and that he could not clearly mention names of the culprits at this stage. He also expressed apprehension that he could also meet the same fate at the hands of the culprits.