RAMA SHANKAR Vs. STATE OF U P

JUDGEMENT

(1.) BOTH these appeals have been preferred against the judgment and order dated 31-05-1993 passed by 4th Additional Sessions Judge deoria, in S. T. No. 289 of 1991, whereby the appellant Rama Shankar has been convicted and sentenced to undergo imprisonment for life under Section 302 IPC and two years' rigorous imprisonment under Section 201 IPC in Case Crime No. 31/91, P. S. Bhatani, District Deoria.

(2.) THE incident resulting in the death of akhilesh aged about five years, son of the complainant Smt. Guddi wife of Ram Kripal r/o village Ghati, P. S. Bhatani, District deoria occurred in the morning of 17-03-1991. The case of the prosecution as appearing from the First Information Report (Ext. Ka 11) and statement of Smt. Guddi (P. W. 1), in brief, is that on 17-03-1991 at about 5. 00 a. m. the complainant along with her daughters Basanti and Babi had gone to attend natural call out side the village abadi leaving her son Akhilesh sleeping on the cot. The appellant-accused Rama shankar, who is the Bhasur (Jeth) of the complainant, was standing on his door. There was enmity between Rama Shankar and husband of complainant, because Rama shankar had doubt that his wife has been kept by the husband of the complainant. When the complainant and her daughters came back to their house after easing themselves, Akhilesh was not found on the cot. He was searched here and there, but in vain. When the search of Akhilesh was being made, Lallan Pandey and Moti Chand Sonar came to the house of the complainant and told that her son has been thrown by rama Shankar in the well of Ram Nagina tewari. On this information, the complainant and other village people reached on the well and dead body of Akhilesh was taken out. Thereafter, the complainant got the written report (Ext. Ka 1) scribed by village pradhan Rama Shankar Rai, who went to P. S. Bhatani and handed over the report there.

(3.) P. W. 4 Harshnath Yadav was posted as head Moharrir at P. S. Bhatani on 17-03-1991. He prepared chik FIR (Ext. Ka 11) on the basis of aforesaid written report and registered a case under Section 302/201 IPC at Crime No. 31/91 on 17-03-1991 at 9. 15 a. m. against the appellant. Entry in G. D. No. 16 regarding registration of the case was also made by him vide Ext. Ka 12.