DHANKESH Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been preferred by the appellant Dhankesh against the judgement and order dated 15.2.2012 passed by the Additional Sessions Judge, Court no.6, Meerut in Session Trial no. 1335 of 2007, Case Crime no. 515 of 2007 (State vs. Dhankesh), under Section 302/201 I.P.C., Police Station Kithore, district-Meerut, by which the appellant has been convicted and sentenced to imprisonment for life together with fine of Rs. 10,000/- and in case of default of payment of fine, one year R.I. under Section 302 I.P.C. and 5 years R.I. along with fine of Rs. 5,000/- and in case of default of payment of fine, 6 months additional imprisonment under Section 201 I.P.C.

(2.) Both the sentences were directed to run concurrently.

(3.) Briefly stated the prosecution case as spelt out by Ishwar Pal Singh in written report (Ext.Ka-1) lodged by him on 23.10.2007 at about 3:05 a.m. at police station-Kithore, district-Meerut and as later testified by the prosecution witnesses is that his son Ravi (deceased) aged about nineteen years had gone to operate the tube well on the date of the incident at about 10 p.m on resumption of power supply. Around midnight at about 12 hours pile of cow dung cakes of Rajpal, son of Bhartu caught fire, on which hue and cry was raised. Upon hearing the noise complainant, Ishwar Pal Singh, Suraj Pal Singh, Daya Ram and large number of villagers ran towards pile of cow dung. On going towards tube well complainant, Ishwar Pal Singh found that the bed of his son inside the room of tube well which was locked from outside was unoccupied. Smell of burning human flesh emanating from the pile of cow dung cakes made the complainant suspicious and after the burning cow dung cakes were removed with the help of sticks, he found underneath the burning pile, burning dead body of his son along with one burnt bed sheet, blood stained cap and slippers of appellant Dhankesh who after stabbing his son with a knife had thrown him alive in the burning pile. About four or five days before the incident appellant Dhankesh had beaten his son Ravi and when the complainant had confronted him, Dhankesh had told him that his son used to tease his niece.