SATYADEO PASI Vs. STATE OF U P

JUDGEMENT

(1.) M. C. Jain, J. The appellant is Satyadeo Pasi who has been convicted under Section 302 I. P. C. and sentenced to life imprisonment by judgment dated 23-11-1995 passed by Sri K. N. Sinha, the then I Additional Sessions Judge, Gorakhpur in Sessions Trial No. 20 of 1995. The deceased Abhimanyu aged about 2 years was the own son of the appellant.

(2.) THE appellant being in Jail, Sri Samit Gopal was appointed Amicus Curiae to argue the appeal. We have heard him and Sri G. S. Bisariya, learned A. G. A. from the side of State in opposition.

(3.) ON being put to trial, the appellant pleaded false implication, though he admitted that he was married to Malti and that Abhimanyu was his son. He also admitted that Malti had gone to her parents with Abhimanyu. The remaining part of the prosecution story was denied by him and, according to him, he was in his village on the day of incident and never visited the house of the parents of his wife Smt. Malti.