MAHENDRA Vs. STATE OF U.P.

JUDGEMENT

(1.) - This jail appeal has been preferred on behalf of the appellant Mahendra, who has been convicted and sentenced vide judgment and order dated 24.08.2010/25.08.2010 passed by Sessions Judge, Hathras in Sessions Trial No.473 of 2008 (State Vs. Mahendra) under Sec. 302 Penal Code to undergo imprisonment for life and a fine of Rs. 2000.00. In default of payment of fine, appellant was also directed to undergo six months additional simple imprisonment.

(2.) Prosecution story in brief is that a written report (Ex.Ka.-1) was moved by informant Radhacharan (P.W.1) at police station concerned on 18.2008 mentioning therein that his elder brother Mahendra used to take intoxicants and always used to quarrel with his wife Rekha. In the intervening night of 11/108.2008, Mahendra again quarreled with his wife and when she fell asleep, in anger, Mahendra committed murder of his seven years old son Lekhraj by cutting the body with spade and thereafter buried the dead body in a pit. When mother of deceased woke up, she did not find Lekhraj, then she asked her husband that where is Lekhraj, on which Mahendra told that he has killed Lekhraj and buried him. He also warned that if she dares to tell, she will also be done to death. Dead body of deceased was recovered from a pit near the house of accused.

(3.) On the basis of written report (Ex.Ka.1), first information report (Ex.Ka.8) was lodged at concerned police station on 12.08.2008 itself at 5:30 a.m. G.D. Entry (Ex.Ka.9) was also made. Concerned police reached at the place of occurrence, took blood stained and simple soil keeping the same in different boxes in sealed condition and after preparing the sample seal, prepared fard (Ex.Ka.2). Police also prepared inquest report (Ex.Ka.10) of the recovered dead body along with other police papers (Ex.Ka.11, 12, 1314) keeping the dead body in a sealed cloth and preparing the sample seals.