ASHOK YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Virendra Pratap Yadav, learned Amicus Curiae for the appellant and the learned A.G.A. for the State.

(2.) This jail appeal is by the accused-appellant Ashok Yadav, who has been convicted in Sessions Trial No. 521 of 2011 (State Vs. Ashok Yadav), arising out of Case Crime No. 288 of 2011, under Sec. 302, 201 I.P.C., Police Station Puramufti, District Kaushambi and has been sentenced to life imprisonment alongwith fine of Rs.10,000.00 under Sec. 302 I.P.C. and in default of payment in fine to further one year additional imprisonment; seven years imprisonment alongwith fine of Rs.5000.00 for the offence under Sec. 201 I.P.C. and in default of payment in fine to one year additional imprisonment. All sentences are to run concurrently

(3.) The prosecution case proceeds on a written report of Basant Lal (P.W.-1), who has stated that next to his house is the house of his uncle Ashok Yadav (accused), who is of cantankerous nature and is a thief. He has thrown his wife out of the house about 3-4 months back and his only son Gangadeen (deceased), aged about 13 years was living with him. The deceased often used to have his meals at the house of the informant and he also used to render some services to him. The deceased however was not keen in living with the accused and wanted to go with his mother. On the night of 16/17/8/2011, the informant heard cries of Gangadin and he went to the house of the accused to inquire as to why Gangadin was crying. The accused from inside the house informed that Gangadin was insisting to go with his mother and he was being scolded by him. After sometime the cries of Gangadin stopped and the informant asked the accused to open the door but the accused informed from inside the house that the deceased had gone to sleep. The informant was asked to go back to his house.