RAM SEWAK Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment of conviction and sentence dated 22.7.2009 passed by Additional Sessions Judge/Special Judge (E.C. Act), Etawah in Sessions Trial No. 22/08, State Vs. Ram Sewak and Others, case crime no. 123/07, under section 302/34 I.P.C., p.s. Chaubia, district Etawah.

(2.) PROSECUTION case in brief is that seven years old Sheebu son of complainant Rajesh Kumar, resident of village Kheda Helu, p.s. Chaubia, Etawah had gone to his school Saraswati Vidya Mandir, Kheda Helu on 29.8.2007 at about 7:00 a.m. in the morning for studying. School closed at 12'O clock in the noon but Sheebu had not returned home. Then complainant Rajesh Kumar inquired into the matter and was informed that Sheebu had gone home from school at about 10'O clock for taking meals. During search of his son, complainant was informed by Shiv Kumar (PW -2) that during the day at about 10:00 a.m. he had seen Sheebu with Ajay Kumar son of Ram Sewak of his village near under construction temple, which is near the house of Ram Sewak. Complainant went with Vikat Singh (PW -4), Jor Singh, Kamlesh and other people of the village at the house of Ram Sewak and called Ajay but the room of Ajay was closed from inside. Then complainant and other accompanying persons had broken the door of that room, and they saw that dead body of Sheebu was lying on the ground and Ram Sewak, his wife Siyawati, his son Ajay Kumar and one Guddu were present in the room. These four accused persons had tried to escape but three of them, namely, Ram Sewak, Siyawati and Ajay Kumar were caught with help of villagers but Guddu had managed to escape from there. Then complainant had reported the matter in police. On the basis of his report, case crime no. 123/07, under section 302 I.P.C. was registered in p.s. Chaubia. After that, police came on the spot, prepared inquest report, arrested Ram Sewak, Siyawati and Ajay Kumar, who were caught there. Next, the post -mortem of dead body of Sheebu was performed. After investigation police had submitted charge sheet against four accused, Ram Sewak, Siyawati, Ajay Kumar and Guddu for offence under section 302 I.P.C.

(3.) AFTER committal of the case, Sessions Trial No. 22/08 was registered and the four accused persons were charged for offence under section 302/34 I.P.C. They had pleaded not guilty and claimed to be tried. But later on accused Ajay Kumar was declared juvenile and his case was separated for being sent before Juvenile Justice Board. This sessions trial was proceeded against the three accused, namely, Ram Sewak, Siyawati and Guddu.