MAINA Vs. STATE

JUDGEMENT

(1.) Heard Mr. Rajjan Singh, learned counsel for the appellant as well as Mr. Prateek Samadhiya, learned Amicus Curiae for the appellant and Ms. Usha Kiran, learned Additional Government Advocate for the State.

(2.) The challenge is the judgment and order dated 16.06.2005 passed by the Additional Sessions Judge, Kanpur Nagar in Sessions Trial No.781 of 2003. The learned Additional Sessions Judge has convicted the appellant under Section 302 of the Indian Penal Code and sentenced to imprisonment for life with a fine of Rs.1,000/- and in default to undergo further simple imprisonment for one year.

(3.) The case of the prosecution is that the First Information Report was lodged by Jai Karan son of Jhiguri R/o Bhairampur, Police Station Maharajpur, District Kanpur Nagar against the accused/appellant Maina on 4.06.2003 at about 9:05 A.M. with the allegations that the complainant's son Sheo Shanker aged about 14 years. On 03.06.2003 the complainant along with Lallan R/o Village Naya Khera, went to Kanpur Nagar in connection with his case, his son Sheo Shanker, who was a feeble minded, was sitting in the house of Maina, son of Angan Loddh R/o Maharajpur and he was talking with accused Maina. When he returned back from Kanpur, his son Sheo Shanker was not found in the village, then he searched him here and there, that on 04.06.2003 at about 6:30 a.m. he saw that the house of the Maina was locked, he having suspicion told this thing to the village Pradhan and other villagers. Then village Pradhan called upon Om Prakash son of Mahadev, Ram Din son of Jhabbu and Ram Kishan son of Ratan. They had broken the lock of the house of Maina in presence of Pradhan and saw that the dead body of his son was lying in the house of the accused Maina. Sheo Shanker (deceased) was murdered by tightening neck with his own shirt. On the basis of the said information, the police reached the house of Maina and had broken the lock of the house of Maina in presence of Gram Pradhan and other villagers and entered into the house, the police got recovered the shirt which was tightened with the neck of his son, that was got un-tightened. The shirt was found stained with blood, the body of the deceased was sent for postmortem examination. The Postmortem Examination Report shows that the death was caused due to Asphyxia as a result of strangulation.