LAWS(ALL)-2017-5-309

RAM PRAVESH Vs. STATE OF U.P.

Decided On May 25, 2017
Ram Pravesh v. State of U.P., (Allahabad)(DB), ( Law Finder Doc Id # 894307 Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) This appeal has been preferred by accused/appellant Ram Pravesh against the judgment and order dated 18.06.2005 passed by the Additional Sessions Judge, Court No. 16, Deoria in Sessions Trial No. 368 of 1999 (State v. Ram Pravesh and others), arising out of crime No. 276 of 1999, under Sections 302, 201 I.P.C., Police Station Salempur, District Deoria, whereby the appellant was convicted and sentenced under Section 302 I.P.C. for life imprisonment along with fine of Rs. 5000/- and under Section 201 I.P.C. for three years' rigorous imprisonment along with fine of Rs. 2000/- with default stipulations.

(2.) The factual matrix of this appeal is related to the unfortunate murder of one boy of 3 years and 8 months old, who had come to the house of his maternal grandmother. He was missing in the morning of 08.08.1999 at 7.30 a.m. He was searched at many places, but could not be traced out. On 9th August, 1999 a missing report Ex. C1 was given by CW1 Smt. Biyafi (maternal grandmother of the victim) to the police Station Salempur, District Deoria, which was recorded by PW-3 CP Madan Mohan Tiwari in G.D. No.22 at 15.10 (Ex. Ka-5).

(3.) Thereafter, CW1 informed her son Kali Charan, the complainant of the case, who was doing job in Mumbai. He came to his village Sahala. After making some inquiries on his own level, he moved a written report (Ex. Ka-1) at Police Station Salempur on 16.08.1999 saying that he has come to know that accused Ram Pravesh Gupta and his family members have murdered Ramu and hidden his dead body in his house. Ram Pravesh had inimical terms with him. The chik FIR was carved out as Ex. Ka-6, which was entered in G.D. No. 22 at 12.30, which is Ex. Ka-7. S.S.I. Ram Rekha Yadav (PW-6) started investigation.