- (1.) Under challenge in this appeal is the judgment dated 30.6.2008 and order dated 2.7.2008 passed by the Special Judge (SC/ST) Act, Farrukhabad in Sessions Trial No. 253 of 2006 arising out of Case Crime No. 314 of 2006, Police Station Shamsabad, District Farrukhabad whereby the present appellants, were convicted for the offence under Section 302/109 I.PC. and were sentenced with imprisonment for life and also with fine of Rs. 5,000/- each with default stipulation of six months additional imprisonment. One Smt. Bittan alias Seema was also tried along with these appellants and she was convicted for the offence under Section 302 I.P.C. and was sentenced with imprisonment for life and also fine of Rs. 10,000/- with default stipulation of one year rigorous imprisonment. However, we have been informed by learned counsel for the appellants as well as by learned A.G.A. for the State that Smt. Bittan alias Seema has not preferred any appeal against her conviction.
(2.) In brief the case of the prosecution was that complainant Pradeep Kumar, who happens to be son in law of the present two appellants lodged an F.I.R. on 11.5.2006 at 17:00 hours alleging therein that Smt. Suman daughter of the present appellants had given a birth to a girl child, who was at the time of the incident was aged about four months. The appellants had brought back Smt. Suman from his house to her parental house about one and a half month prior to the incident. Smt. Bittan alias Seema was the neighbour of the present appellants. She told the appellants that in case a baby child is sacrificed then they will get a hidden treasure. Hearing this suggestion of Smt. Bittan alias Seema, complainant and his brother, who were present at that time, became wonder-stricken. Thereafter they went back to their house. On 9.5.2006 in the morning at about 9:00 a.m., the appellants handed over baby child of complainant to tantrik Smt. Bittan alias Seema. On 11.5.2006, complainant along with his brother Sanjay Kumar again came to the village of the appellants to give medicines to his ailing wife and he inquired about his daughter. Then no reply was given by the two appellants, which raised a suspicion in the mind of these persons. So they went to the house of Smt. Bittan alias Seema and found that the dead body of his daughter baby Radha was lying there and foul smell was coming out of her body. The complainant got the F.I.R. scribed by Mukesh Chandra, who happens to be brother in law of the complainant and the same was lodged at the police station.
(3.) After registration of the case, the police came to the place of occurrence and inspected the same. A sickle was recovered from the place of occurrence and the dead body of baby Radha was also recovered. Thereafter its inquest proceedings were conducted. The appellants and Smt. Bittan alias Seema were taken into custody. The postmortem on the body of the deceased was conducted on 12.5.2006 and following injuries were found on her person:- (i) Incised wound 7.7 c.m. x 1.5 c.m.x cervical vertebra front of neck decomposing (ii) Contusion 5 c.m. x 4 c.m. upper part of right hand bone fracture. In the opinion of doctor, duration of the death was about three days and cause of death was shock and haemorrhage due to ante mortem injuries. The skull bones were fractured and the brain was missing and the body was disfigured.;