- (1.) K. N. Ojha, J. This appeal has been preferred against order of conviction and sentence dated 6-5-1998, passed by learned IVth Additional Sessions Judge, Gorakhpur, in S. T. No. 133 of 1996, State v. Ram Chandra, by which Ram Chandra has been convicted under Section 302 IPC and has been sentenced to undergo life imprisonment.
(2.) WE have heard Sri Samit Gopal, learned amicus curiae, for the appellant, learned A. G. A. Sri Shekhar Yadav, and have also gone through record. The judgment is being delivered on merit. The occurrence is said to have taken place in the night of 7/8-10-1995, between 2. 30 and 3. 00 a. m. in Parmeshwar Pur hamlet of Nawapar, Police Station Chiluatal, District Gorakhpur, which is a place about 8 Km. from the police station. FIR was lodged by Bhual against the appellant on 8-10-1995 at 6. 30 a. m. According to prosecution, Bhual, informant, is resident of village Parmeshwar Pur, Police Station Chiluatal, District Gorakhpur. Deceased Basudeo, aged about 12 years, was his only son. Appellant is the son-in-law of informant Bhual. Appellant used to visit the residence of his father-in-law Bhual while Basudeo did not like it. Appellant went to the residence of Bhual on 7-10-1995 in the evening, took meal there and he alongwith deceased Basudeo went to neighbouring village Jeetpur to enjoy video. Chandra Bhan, Bhagwat, Deena Nath, Ram Samujh of village Parmeshwar Pur also had gone there to see video. After seeing video these four witnesses were coming back through Balapar Tikariya road to their village. When they reached the grove of Jeetpur market in the night of 7/8-10-1995 at about 2. 30 or 3. 00 a. m. , they heard the shrieks of the deceased who was raising alarm, "bachao, Bachao". These witnesses reached the spot flashing light of their torches. When they saw that appellant started to run away from the place, the witnesses chased and apprehended Ram Chandra at some distance and they came back to the boy, who was raising alarm. They found that he was the boy namely Basudeo of their village and his neck was tied with Gamchcha. Basudeo had died. The witnesses brought the appellant to Bhual, father- in-law of the appellant, Bhual found that his son was killed by the appellant. He lodged FIR at the police station in the following morning of 8-10-1995 at 6. 30 a. m.
(3.) POST-mortem examination on the dead-body of Basudeo, aged about 12 years was done by Dr. O. N. Gupta in the mortuary of Gorakhpur and following ante-mortem injury was found: (1) Contusion 6 cm x 4 cm on the front of Neck middle on cutting Haemotoma present under Skin and muscles. Hyod bone was fractured. In the opinion of the doctor Basudeo died due to asphyxia as a result of throttling. The investigating officer reached the spot on the same day, prepared site-plan, recorded the statement of the witnesses under Section 161 Cr. P. C. , prepared inquest report and recovered Gamchcha on 18-10-1995. He recovered torch also on 25-11- 1995 and after completing the investigation submitted charge- sheet under Section 302 IPC against the appellant.;