- (1.) This appeal has come up for hearing having been expedited by the order dated 2-11-2001 of the Hon'ble The Chief Justice.
(2.) By the judgment and order dated 27-8-1997 passed by Shri Ashok Srivastava, the then VIIIth Addl. Sessions Judge, Allahabad, the appellant has been convicted and sentenced to imprisonment for life under Section 302 I.P.C. and also to a fine of Rs.5000.00 and in default of payment of fine to undergo one year R.I. Aggrieved by the said judgment, the present appeal has been preferred by the appellant.
(3.) The deceased of this case was Ramesh Kumar aged about 14 years. He was grand son of Ram Sundar Pasi complainant. The dead body of Ramesh Kumar was found on 29-10-1989 in the afternoon at about 1 p.m. in the paddy field of Shripat Maurya, which was situated in the south of Sharda Sahayak Rampur Branch Canal. Ram Sundar Pasi lodged written report at police station. Phoolpur at 2 p.m. on the same day stating therein that in the preceding evening at about 5 p.m. Ramesh Kumar had gone on cycle to Phoolpur market for grinding flour. At about 5.30 p.m. his son Ramphal and Tej Bahadur met Ramesh Kumar at 'Saraiya Tiraha' in Phoolpur Bazar. Ramphal asked Ramesh Kumar to accompany them but Ramesh Kumar said that he would come later after taking water. It was further stated in the report that when Ramesh Kumar was coming back he saw appellant Ram Sukhi alias Laloo in the way. When Ramesh Kumar did not reach home till late night, a search was made for him. On the next day cycle of Ramesh Kumar with a bundle of flour was found lying on canal patri. On further search in the neighbouring fields dead body of Ramesh Kumar was traced. It was noticed that Ramesh Kumar had injuries on his neck. Ram Sundar Pasi who was having litigation with the present appellant in civil Courts suspected that the appellant has committed murder of his grand son, Ramesh Kumar.;