PRAMOD PRAJAPATI Vs. STATE OF U P

JUDGEMENT

(1.) The present criminal appeal has been preferred by accused-appellant Pramod Prajapati against judgment and order dated 09.03.2015 passed by Shri Manoj Kumar Singh Gautam, Additional District & Sessions Judge, Court No. 2/Special Judge, Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as SC/ST Act, 1989), Kushinagar at Padrauna in Session Trial No. 29 of 2010 whereby accused-appellant has been convicted under Section 302 IPC and sentenced to undergo life imprisonment and fine of Rs. 1,00,000/- and in default thereto, he is further sentenced to six months additional rigorous imprisonment, while accused-appellant was acquitted of the charge under Sections 377, 506 IPC.

(2.) The facts and circumstances giving rise to the present appeal are that on 27.10.2008 at around 6:00 PM, Sonu Sharma, aged 16 years, grandson of complainant Kanhaiya Sharma had gone to buy eggs but did not return back and gone missing. On 28.10.2008 at about 8:00 AM, some shepherds (charwaha) informed complainant, Kanhaiya Sharma, that blood stained dead body of his grandson Sonu Sharma is lying at the sugar-cane field of Sharada Yadav in western side of the village. The complainant reported the matter to police by submitting written tehrir Ex. Ka-1 and on the basis of that tehrir, case was registered on 28.10.2008 at 11:00 AM against unknown persons under Section 302 IPC.

(3.) Police reached the spot and inquest proceedings were conducted by PW-5 S.I. Mewa Lal vide inquest report Ex. Ka-4. Dead body of deceased was sealed and sent for post-mortem. Samples of blood stained and simple soil and one pair of slipper as well as one string (rassi) were seized from the spot vide seizure memo Ex. Ka-5.