CHUNNI LAL Vs. STATE OF U P

JUDGEMENT

(1.) THE present Criminal Appeal is directed against the judgment and order dated 13-3-1987 passed by the Sessions Judge, Faizabad convicting appellant Chunni Lal under Section 302, I. P. C. and sentencing him to undergo imprisonment for Life in connec tion with an incident alleged to have taken place on 29- 10- 1985 at about 6. 30 a. m. in village Dihwa Daulatpur, Police Station Ibrahimpur, District Faizabad.

(2.) IT is said that about the month's prior to the incident there was an afterca tion between the wife of the complainant Shri Ram (P. W. 1) on one side and one Jai Lal on the other and due to this quarrel, they were not on talking terms. IT is alleged that Jai Lal was assaulted, he received injuries and later on succumbed to his injuries on 27-10-1985 and the com plainant had also participated in the cremation of Jai Lal on 28-10-1985. On 29-10-1985 at about 6. 30 a. m. accused Chunni Lal came to the house of the com plainant Shri Ram and started abusing him saying that it was Shri Ram who got his brother Jai Lal murdered and, therefore, he would also kill his son. IT is alleged that after saying this Chunni Lal picked up his son and started thrashing him on the 'jagat of the well. IT is further alleged that Shri Ram, his wife as well as his daughter Gyanmali raised alarm and tried to save the boy but Chunni Lal appellant threw the child into the well and ran away. Ac cording to the prosecution case the child was aged about 7 years. The complainant Shri Ram (P. W. 1) immediately jumped into the well and with the help of his wile and daughter brought out the body of his son but his son was found dead. The com plainant thereafter went to the Police Sta tion alongwith the dead body of his son and lodged the report Ext. Ka- 1 at 10. 05 a. m. on the same day at Police Station Ibrahimpur District Faizabad. S. I. Brijraj Singh (P. W. 6) was present at the Police Station at the time of lodging of the First Informa tion Report and, therefore, he immedi ately recorded the statement of the com plainant and prepared the inquest report Ext. Ka-5 and other relevant papers Ext. Ka-6 to Ka-9 for autopsy on the dead body of the deceased and sent the dead body for autopsy through Constable Barsati. The Investigating Officer thereafter recorded the statements of the other witnesses and thereafter proceeded for the place of the incident and on reaching there he recorded statements of some other wit nesses and prepared site-plan Ext. Ka-10. On 12-11-1985 the accused was arrested and after completing the investigation the Investigating Officer submitted charge-sheet against the accused.

(3.) ACCORDING to the Doctor the death was caused due to shock and haemorrhage as a result of ante- mortem injuries. The post-mortem report is Ext. Ka.-2.