SUSHIL KUMAR SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal has been filed against the judgment dated 20.04.2007 passed by Sri Pankaj Kumar Upadhyay, Addl. Sessions Judge/ Fast Track Court No. 5, Kanpur Nagar in Sessions Trial No. 389 of 2006, State Vs. Sushil Kumar Srivastava and another, under section 302 IPC, p.s. Kalyanpur, district Kanpur Nagar, by which two accused were convicted for offence under section 302/34 IPC and each were sentenced imprisonment for life and fine of Rs. 5000/ -.

(2.) PROSECUTION case in brief was that on 16.08.2003, complainant Raj Narayan Singh had given written report (Exhibit Ka -1) on 17.08.2003 at 12:30 O' clock in the night in police station Kalyanpur, Kanpur Nagar with the averment that accused appellants, Sushil Kumar Srivastava and his brother Sudhir Kumar Srivastava have forcibly occupied a shop in complainant's house no. E -554 Krishna Bihar Awas Vikas, Kalyanpur, Kanpur Nagar. On 16.08.2003 at about 12:00 pm in the noon, accused Sushil and his brother Sudhir (present appellants) had called the complainant's 11 years old son Gaurav in their shop and gave anything for eating. After sometime when Gaurav returned home, he vomited. When complainant's daughter Pushpa inquired, then Gaurav informed him that Sushil had given him cold drink for drinking. After sometime, when Pushpa had asked Sushil about this matter, then Sushil had started quarreling and told that you would get result by evening. When condition of Gaurav deteriorated, then complainant's daughter informed about him about the matter. Then complainant came back with his wife and found his son Gaurav in unconscious state; then he took his son to doctor, who had declared him dead. Complainant had also mentioned in his written report that he is confident that Sushil and his brother must have administered poison for murdering his son Gaurav. On this report of complainant the case crime no. 495 of 2003 under section 302 IPC was registered and investigation started.

(3.) DURING investigation, formalities were completed including post -mortem of the dead body of the Gaurav. In post -mortem the cause of death could not be ascertained, so the viscera was preserved, which was later on sent to Forensic Science Laboratory, Lucknow. Later on Forensic Science Laboratory has submitted its report on 08.01.2004 (Exhibit Ka -10), in which it was reported that Methyl Carbonate (Began) insecticide poison was found in the Viscera containing pieces of stomach, intestine, liver, kidney and spleen. After completion of investigation, charge -sheet was submitted against two accused Sushil and Sudhir for offence under Section 302 IPC, on the basis of which case S.T. No. -389/2006, State Vs. Sushil Kumar Srivastava and another was registered.