SANJAY SHAHU Vs. STATE OF U.P.

JUDGEMENT

(1.) Criminal Appeal No. 232 of 2010 and Criminal Appeal No. 257 of 2010 have been filed under Ss. 383 and 382 respectively on behalf of the accused -appellant. Both are directed against the judgment and order dated 10th December, 2009 passed by Sri Shiv Yatan Ram, Additional Sessions Judge, Court No. 2, Faizabad in S.T. No. 79 of 2008 (State v/s. Sanjay Sahu) whereby the appellant has been convicted under Sec. 302 I.P.C. and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/ -, in default thereof to further undergo six months rigorous imprisonment.

(2.) According to the prosecution version, on 25th December, 2007 at 8.45 p.m. S.I. Vakil Singh Yadav of Police Station Kotwali gave a written report stating therein that on that day, he alongwith police party were checking two wheelers and four wheelers near Inspection House (Irrigation), Naya Ghat on the main road going from Faizabad to Gorakhpur. At 6.30 p.m., he heard loud shouts coming from Sarju Bridge requesting to stop and save. He alongwith police party at once reached Sarju Bridge. There he saw one person was throwing a child aged about four years in the river from the bridge. With the help of passersby that person was caught and a child of six yeas was rescued. When inquired from that person and persons present there namely Prahlad Yadav, Baburam Yadav, Rakesh Yadav and Rajesh Kumar Srivastava, that the arrested person had three children with him, one aged about nine years, second aged about six years and third aged about four years. Suddenly he caught hold of eldest boy and threw him in the river. When they rushed towards him, he also threw youngest boy in the river. The third boy was rescued. The arrested person disclose his name as Sanjay Sahu and stated that due to poverty, he wanted to finish his three sons, thereafter commit suicide himself. The search was made for two boys but they were yet to be found.

(3.) At this chik F.I.R. was scribed. Case Crime No. 1893 of 2007 under Sec. 302 I.P.C. was registered and requisite entry was made in the report of the general diary. Investigation of the case was taken over by Inspector Samsher Singh, S.H.O. of the police station. During investigation, one dead body was recovered other could not be recovered. After conclusion of the investigation, the appellant was chargesheeted, he was charged under Sec. 302 I.P.C. On his denial he was tried and convicted, thereafter sentenced, as above.