- (1.) M. C. Jain, J. The appellant is Satyadeo Pasi who has been convicted under Section 302 I. P. C. and sentenced to life imprisonment by judgment dated 23-11-1995 passed by Sri K. N. Sinha, the then I Additional Sessions Judge, Gorakhpur in Sessions Trial No. 20 of 1995. The deceased Abhimanyu aged about 2 years was the own son of the appellant.
(2.) THE appellant being in Jail, Sri Samit Gopal was appointed Amicus Curiae to argue the appeal. We have heard him and Sri G. S. Bisariya, learned A. G. A. from the side of State in opposition. The incident occurred on 5-3-94 at about 3 P. M. in village Parasauni, P. S. Jhagaha, District Gorakhpur. The appellant was married to the informant Smt. Malti PW 1 about 3 years before the incident. The deceased was born out of their wedlock. However, he suspected the fidelity of his wife and used to express doubt about the fatherhood of the deceased. There used to be quarrels and bickerings between the couple and about 15 days before the incident, he had turned her out with the deceased with the result that she was residing at the house of her parents in village Parasauni. However, on the day of incident at about 12 O' clock in the noon, the appellant reached at her parents house on cycle and after sometime took the deceased Abhimanyu on a cycle for having a round of the village. He took him near a pond where he parked the cycle nearby and picked the boy by his throat and threw him in the pond with the result that Abhimanyu died. An alarm was raised, but he made his escape good. At that time, Smt. Malti's uncle and brother Rajendra PW 2 were tending the sugarcane crop in the nearby field. The dead- body of the boy was taken out from the pond. On the report being lodged by Smt. Malti PW 1 on 5-3- 1994 at 5. 15 P. M. , a case was registered and investigation followed. The distance of the police station from the place of occurrence was about 15 km. The post-mortem over the dead body of the deceased was conducted on 6-3-1994 at 4 P. M. by Dr. D. P. Verma PW 5. The deceased was aged about 2 years and about one day had passed since he died. The following ante-mortem injury was found on his person: 1. Traumatic swelling on right side posterior lateral side head 6 cm in diameter, earth particles present in hairs and eyebrows.
(3.) ON being put to trial, the appellant pleaded false implication, though he admitted that he was married to Malti and that Abhimanyu was his son. He also admitted that Malti had gone to her parents with Abhimanyu. The remaining part of the prosecution story was denied by him and, according to him, he was in his village on the day of incident and never visited the house of the parents of his wife Smt. Malti. The prosecution in all examined six witnesses, out of whom, Malti PW 1 was the mother of the deceased (not an eye-witness ). She proved the motive against the appellant. The eyewitness examined was Rajendra PW 2 (brother of Malti ). Bans Bahadur PW 4 had scribed the chik F. I. R. , whereas Dr. D. P. Verma PW 5 had conducted autopsy on the dead-body of the deceased. S. K. Singh PW 3 and Radhey Shyam Shukla PW 6 were the Investigating Officers of the case.;