BABU LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Shri Nagendra Mohan, learned Amicus Curiae for the appellant, and Shri Umesh Verma, learned AGA for the State were heard at length.

(2.) Under challenge in the instant jail appeal is the judgment and order dated 28.07.2007 passed by Additional Sessions Judge/Fast Track Court No. 7, Hardoi, in Sessions Trial No. 08 of 2005 arising out of Case Crime No. 340 of 2004, Police Station Kachhauna, Hardoi, whereby the present appellant Babu Lal was convicted and sentenced as under: - -

(3.) In brief, the case of the prosecution, as narrated in the first information report, was that the complainant Raghubir son of Darshan Singh lodged a first information report at Police Station Kachhauna, District Hardoi, on 06.08.2004 at 10.20 AM alleging therein that he runs a shop of grocery in his village Garhi. His son Pradeep Kumar used to sit on the shop. Appellant Babu Lal used to frequently come to his shop. His character was not good. He developed friendship with his son. He frequently used to scold his son to discontinue his friendship with the appellant. On 05.08.2004 at about 08.00 PM appellant Babu Lal came to his house and asked his son that Chet Ram has called him to his house in Kamalpur as mutton has been cooked there. The deceased, even at earlier occasions, was invited by Chet Ram for 'Dawat' at his house. Since the complainant had seen the deceased with Babu Lal in objectionable situation, so he used to scold his son to leave the company of bad persons and therefore his son was avoiding to accompany him. Appellant Babu Lal insisted on him to accompany him to the house of Chet Ram. It was alleged that after taking the dinner both these persons committed unnatural offence with the deceased and during such incident when resistance was offered by the victim then he was done to death and his dead body was screened in the long grass and it was covered by some agricultural garbage. When the son of the complainant did not come back to his house then he went to inquire from Babu Lal and Chet Ram to their house but doors of their houses were locked. The complainant continued the search of his son. At about 08.45 AM in the morning, he got information of the recovery of the dead body then he went there and found the dead body of his son. There was bleeding from his anus. The complainant got the first information report of this case scribed by Ram Khelawan and lodged it at police station Kachhauna, at a distance of nine kilometers.