RAJENDRA PRASAD GAUR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Chetan Chatterjee, learned counsel for the appellant, Shri Jitendra Kumar Jaiswal, learned AGA for the State and perused the record.

(2.) The instant criminal appeal has been filed against the judgment and order dtd. 12/8/2004 passed by Additional District and Sessions Judge (F.T.C.), Sonbhadra in Sessions Trial No.54 of 2003, arising out of Case Crime No.101 of 2003, under Ss. 302 IPC, Police Station Babhani, District Sonbhadra, whereby the appellant has convicted for the offence under Ss. 302 IPC and awarded the sentence of life imprisonment with a fine of Rs.5,000.00 with default stipulation.

(3.) Shorn of unnecessary details, the prosecution story is that in front of the house of one Ramadhar Dubey, there is a 'Bramh Baba Sthan', where every year during Navratra a fair is held, in which, exorcism is practiced and 'Bhabooti' is given to the victims by the priest. On 10/4/2003, the first informant Amerika Prasad along with his wife Gangotri, daughter Kusum, son-in-law Ram Dular and his infant child aged about 11 months Rameshwar, had reached in the fair for treatment of his wife through practice of exorcism, as his wife was suffering from mental sickness. It is further stated that on 12/4/2003, at about 10:00 a.m., he along with his wife and other family members were having their meals at a distance of 10-15 paces from 'Bramh Sthan' and his infant child Rameshwar, aged about one year, was playing there. A large crowd had assembled there. Out of the said crowd, a person aged about 26-27 years wearing vest and underwear, having a knife in his hand came and picked up his fondling child and after moving 10 paces ahead kept the child on the ground and started stabbing him with a knife. The first informant along with his son-in-law and other family members, in order to rescue his child, tried to apprehend him, however, the appellant made his escape good. It is further alleged that he immediately rushed to provide medical treatment to the infant child, however, on the way, the infant child breathed his last. Many people present in the fair, at the scene of occurrence, had informed him that in order to offer 'human sacrifice' his child has been killed. He has brought the corpse of the child, which is kept in front of the road. The first informant reached in the police station and gave a written scribe (Tahrir) to the Head Moharrir to lodge the report.