KALLU YADAV Vs. STATE OF U. P.

JUDGEMENT

(1.) These appeals emanate from the judgment and order dtd. 13/2/2013 passed by the Additional Sessions Judge, Court No.6 Kaushambi in S.T. No.152 of 2004 (State vs. Kallu Yadav and others) arising out of Crime No.153 of 2004, under Sec. 364, 302, 201 I.P.C, Police Station Puramufti, District Kaushambi whereby the appellants were convicted and sentenced under Sec. 302 I.P.C. for life imprisonment with fine of Rs.2000.00 ; under Sec. 201 I.P.C. for a period of 3 years rigorous imprisonment with fine of Rs.1000.00 and under Sec. 364 I.P.C for a period of 5 years rigorous imprisonment with fine of Rs.2000.00 by each and in default of payment of fine to further undergo for period of one month simple imprisonment. All the sentences are to run concurrently.

(2.) The prosecution case in brief is that informant Smt. Sudha Devi wife of Sri Baijnath Yadav was resident of the Village Chhabilwa, Police Station Puramufti, District Allahabad (now Kaushambi). On 17/6/2004, the deceased Phoolchand Yadav, son of the informant, was sitting on the board (takht) lying in the varandah at about 12o'clock in the noon. In the meantime, Kallu Yadav known to the deceased came there with smiling face at which the deceased also smiled and both of them went together. The deceased did not return to his house and searches were made but ended unsuccessful, as a result, missing report was filed at the Police Station Puramufti on 26/6/2004 by the informant, which was entered into G.D. as report No.19 dtd. 26/6/2004. Later on, Kallu Yadav and Makhan Pasi were interrogated by the police in which they disclosed that they had committed the murder of the deceased Phoolchand Yadav and buried his dead body near the puddle behind the house where appellant Kallu Yadav lived. At the instance of both the appellants, the dead body of the deceased was recovered by digging the place where it was buried by them. It was identified by the informant as dead body of her son Kallu Yadav. The case was converted as Crime No.153 of 2004, under Sec. 364, 302, 201 I.P.C. and investigation was handed over to Sub Inspector D.K. Saini.

(3.) The inquest of the deceased was conducted by Sub Inspector D.K. Saini and other papers were prepared, the dead body was sealed and handed over to Constable Kamlakant and Krishnakant to carry it for post-mortem.