V.K.Shukla, J. - (1.)In the instant appeal, challenge has been made to the conviction and sentence of the appellant for offence punishable under Section 302 of IPC to undergo imprisonment for life, under section 201 of IPC to undergo Rigorous imprisonment for 5 years, under section 323 of IPC to undergo Rigorous imprisonment for 6 months and under section 506 Part-II of IPC to undergo Rigorous imprisonment for 2 years; with the further stipulation to run the same concurrently.
(2.)The prosecution case is that the appellant committed murder of his son namely Satendra, aged about 2 and ½ years by throttling because he was doubting the legitimacy of the child and born from illicit relation of his wife with some other person. The incident had taken place on 11-04- 2004. The matter was reported to Police Station Patharia on 16-04-2004. The buried dead body was taken out after obtaining necessary permission from the Sub Divisional Magistrate. The postmortem was conducted by Dr.E.Minj (PW-1) and Dr. Sanjeev Gupta (PW-2). The postmortem report is Ex.P-1.
(3.)The investigation was carried out by PW-4 D.D. Navaiya, who recorded the statements of prosecution witnesses Ram Prakash, Pooja, Nathuram, Halle @ Chandra Bhan, Mahadeo, Kamta Prasad, Rameshwar, Anandi and others and after due investigation, the challan was filed against the appellant. The conviction is based on the testimony of mother of deceased Pooja (PW-5).