SURESH Vs. STATE OF U P

JUDGEMENT

(1.) This jail appeal has been filed against the judgment and order dated 17-5-2002 passed by Addl. District & Sessions Judge, F.T.C. No. 5, Agra whereby the appellant is convicted under Section 302 I.P.C. and sentenced to imprisonment for life.

(2.) The report of the occurrence was lodged by Kali Charan at P.S. Khandauli, district Agra on 19-10-1998. According to the allegations of the first information report, on 19-10-1998 in the noon his son Charan Singh and nephew Pramod Kumar were grazing their cattle near the brick-kiln of Netrapal Singh. At about 3.00 p.m. Suresh Baghel resident of Vijaygarhi, P.S. Tundala, district Firozabad reached there and chased away the cattle. When Pramod stopped the cattle being driven away, Suresh strangulated his son Charan Singh with a cloth. Pramod raised alarm and Suresh ran away by leaving the cloth around the neck of his son. The villagers had removed the cloth from the neck of Charan Singh but till that time he was already dead. Mahesh Chand, son of Yad Ram, Pooran Singh son of Jhamman Singh and Jagvir Singh son of Takam Singh son of Jhamman Singh and Jagvir Singh son of Tikam Singh brought the dead body in front of the house of Ninnu Ram and several family members were also collected there. It is further alleged that Suresh had teased his niece on the day of Rakshabandhan and he had scolded him. Suresh was brother-in-law of his cousin Ram Prakash and on account of this relationship no action was taken against Suresh for teasing and Suresh had also threatened him that as he had insulted him, he will take revenge before Deepawali. On account of this enmity he had strangulated his son Charan Singh. The report was registered at 5.15 p.m. The distance of the police station was 9 Kms.

(3.) After the registration of the case S.I. Rama Shankar Misra had commenced investigation. He had recorded the statement of the scribe Bhagwan Singh and Kali Charan, the informant, and reached at the place of occurrence and prepared the inquest report which was Ext. Ka. 4. He had also prepared the letter to C.M.O. for the postmortem examination which is Ext. Ka. 6. He had also prepared the challan lash and Naksha lash which are Exts. Ka. 7 and Ka. 8. He had recovered the cloth near the dead body and prepared its recovery memo which is Ext. Ka. 9. He had also recorded the statements of Pramod, Kali Charan and Lakhan Singh etc. and prepared the site plan which is Ext. Ka. 10. He had investigated the case up till 20-10-1998. Thereafter the investigation was handed over to S.I. Veerpal Singh Sirohi who had submitted the charge-sheet which is Ext. Ka. 11.