KALLU Vs. STATE OF U.P.

JUDGEMENT

(1.) Shri Shishir Pradhan, learned counsel for the appellant, and Ms. Ruhi Siddiqui, learned AGA for the State were heard.

(2.) Under challenge in the instant criminal appeal is the judgment and order dated 23.03.2012 passed by Special Judge (Ayurved Scam Matter)/Additional Sessions Judge, Lucknow, in Sessions Trial No. 41 of 2003 arising out of Case Crime No. 40 of 2002, Police Station Bakshi Ka Talab, Lucknow, whereby the present appellant Kallu was convicted for the offence under Sec. 302 IPC and was sentenced to undergo imprisonment for life and also with fine of Rs. 20,000/ - with default stipulation of simple imprisonment for a period of two years. Under Sec. 201 IPC, appellant was further convicted and sentenced to undergo rigorous imprisonment for a period of seven years and also with fine of Rs. 10,000/ - with default stipulation of simple imprisonment for a period of one year. However, he was acquitted of the charge levelled against him under Sec. 120 -B IPC. The other accused persons namely Bhikha, Nattha, Chotey Lal, Parasuram and Malti @ Mainiya were acquitted of the charges levelled against them.

(3.) In brief, the case of the prosecution, as narrated in the first information report, was that Rakesh Rawat @ Buddha, who happens to be the son of the present appellant, lodged a first information report on 02.03.2002 at 20.10 hours at Police Station Bakshi Ka Talab alleging therein that his mother namely Smt. Maya Devi aged about 45 years and sister Km. Anita aged about 10 years were residing in the house of his maternal uncle in village Hardasi Khera, Police Station Chinhat, Lucknow. It was also alleged that in the month of December, 2001, the informant brought his mother and sister to the house of his father Kallu (appellant) and thereafter he had been frequently visiting the house of his father. On 24.02.2002, when he again went to the house of his father then he found that his mother and sister were not present in the house. On inquiry, appellant Kallu disclosed that they have left the house without disclosing him about their destination. The informant continued to search them but he could not find out them. His mother was wearing printed Saree and Hawai Chappals, nose pin and golden tops and was of fair complexion while his sister was of dark complexion.