SURESH CHANDRA Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal is directed against the judgment and order dtd. 22/7/2004 passed by Additional Sessions Judge Fast Track Court Maharajganj in Session Trial No. 19 of 2002, State Vs. Suresh Chandra, arising out of Crime No. 128 of 2002, under Ss. 302 and 201 I.P.C., Police Station Farenda, District Maharajganj, convicting the appellant and sentencing him to undergo imprisonment for life under Sec. 302 IPC, undergo three years rigorous imprisonment under Sec. 201 IPC and to pay fine of Rs.2000.00 and in default of payment of fine to further undergo six months imprisonment. All the sentences were directed to run concurrently.

(2.) The prosecution case, in brief, is that a written report dtd. 3/2/2002 was given by Ram Kishore, S/o Shiv Harsh resident of Gram Ranipur Chauraha, P.S. Purandarpur District Maharajganj with the averment that his nephew Suresh Chandra, S/o Mewa Lal, who was slightly deranged for about a week, went missing since night of 1/3/2002, without telling anyone. On the next day, he came at around 12:00 o'clock in the noon and took his younger son Amarnath and went out of the house quietly. The first informant along with other family members searched Amarnath in the village and nearby places but his whereabouts could not be known. When the first informant was searching Amarnath in the morning at about 8.00 a.m. on 3/2/2002, the other family members enquired from the appellant about his son Amarnath, whereupon he started doing maarpeet with them. When the villagers took the appellant to one side and asked about the child, the appellant told that he had murdered his own son. On being further enquired, the appellant told that he had thrown the dead body of the child in the gutter of the railway line near Bargadwan village. When the first informant along with other villagers went there, the dead body of son of Suresh Chandra namely Amarnath was found lying in the water. Leaving the dead body on the spot, the first informant went to lodge the report.

(3.) On the basis of the aforesaid written report, a first information report was registered on the same day, i.e., 3/2/2002 being Crime No.128 of 2002 for the offence under Sec. 302 and 201 IPC at the Police Station Farenda District Maharajganj. The investigation of the case was entrusted to S.I. Ganesh Prasad Shukla. On 3/2/2002, brief details of offence was made in the G.D. (Ext. Ka.4). On 3/2/2002 itself, a special report was forwarded from P.S. Farenda, carbon copy of which is Ext. Ka.5. The Investigating Officer went to the spot and prepared Panchnama of the dead body which is Ext. Ka.6. The dead body of deceased Amarnath was found on the banks of railway gutter. Thereafter, inquest of the body was conducted in the presence of witnesses and for finding out the exact reason of death, Photo Nash (Ext. Ka.7), Police Paper No.13 (Ext. Ka.8), letter to Inspector Gorakhpur (Ext. Ka.9), letter sent to CMS Gorakhpur (Ext. Ka.10) were prepared and the body was sent for post mortem examination after giving custody to Constable Surendra Nath Maurya and Constable Pawan Kumar Singh. The Investigating Officer inspected the spot on 3/2/2002 and prepared site plan (Ext.Ka.11). The return of SHO was disclosed in the Rapat and accordingly, Rojnamcha was prepared, which is Ext. Ka.12.