DASHARTH YADAV Vs. STATE

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment of conviction and punishment dated 11.03.2003 passed by Additional Sessions Judge, Court No. 6, Jaunpur in S.T. No. 144 of 2000 (State Vs. Dasrath Yadav) under Section 302, 201 IPC in case crime no. 39 of 2000 p.s. Buxa, Jaunpur.

(2.) THE prosecution case in brief is that Dashrath Yadav (accused) and Prem Nath Yadav were real brothers and Son of Ram Jiyavan Yadav. They had a joint family in which both brothers and Ram Jiyavan living in village Dariyavganj, p.s. Baksha Jaunpur. Dashrath Yadav was the elder brother who was unmarried and younger brother Ram Nath Yadav was married and after death of his fist wife he performed Court marriage with Smt. Prema Devi, informant (PW -1). After this second marriage, Prema Devi also started living with her husband alongwith her two children, namely, Arvind and Seema who were born from her first marriage. Dashrath Yadav was truck driver by profession, and on his truck his younger brother Ram Nath worked as cleaner. Dashrath Yadav had some jealousy with his younger brother because Ram Nath had married twice but he himself could not marry even once. Accused Dashrath Yadav and his brother Ram Nath Yadav had also some difference on the point of partition in the family. On 22.02.2000 informant's children Arvind (11 years) and Seema (9 years) went to primary school but from there only Seema came back home because at the time of returning from school accused Dashrath Yadav had taken Arvind with him and went on cycle. Accused had gone on the bank of river in village Sultanpur p.s. Baksha, Jaunpur where he killed the child Arvind and concealed his body in the river. This incident was seen by 10 years old Kumari Sunita (PW -2) daughter of Ram Awadh (PW -3) and other persons who had stopped accused Dashrath Yadav and enquired about the matter, thereafter, Dashrath Yadav went from there. Later on, on the same day informant Prema Devi given written report (Ex -Ka 1) in the police station about the incident. On this basis of this report case crime no. 39 of 2000 under Section 302 , 201 IPC was registered in p.s. Baksha against Dashrath Yadav, then police started search of dead body of Arvind in the river as a result of which Jwala Ram, navik PW -7 and other divers had searched the dead body of Arvind and brought the same in village Sultanpur p.s. Baksha, thereafter post -mortem of the dead body of Arvind was performed and investigation was completed, and charge -sheet was filed, on the basis of which S. T. No. 144 of 2000 was initiated against accused Dashrath Yadav.

(3.) SESSIONS Court had charged the accused Dashrath Yadav for offence under Section 302 IPC. He had pleaded not guilty and claimed to be tried.