Surendra Vikram Singh Rathore, J. - (1.) Mr. Ram Pratap Singh, learned amicus curiae appearing on behalf of the appellant and Ms. Ruhi Siddiqui, learned A.G.A. were heard and lower court record was also perused.
(2.) Under challenge in this appeal is the judgment and order dated 19.01.2007 passed by learned Additional Sessions Judge, Fast Track Court No. 2, Hardoi in Sessions Trial No. 87 of 2006, arising out of Case Crime No. 472 of 2005, Police Station Madhoganj, District Hardoi whereby present appellant Chatra Pal was convicted for the offence under Sec. 302 I.P.C. And was sentenced with imprisonment for life and also with fine of Rs. 5,000/ - with default stipulation of three months additional simple imprisonment and was also convicted under Sec. 377 I.P.C. and was sentenced with rigorous imprisonment for a period of ten years and also with fine of Rs. 2,000/ - with default stipulation of two months additional simple imprisonment and was also convicted under Sec. 201 I.P.C. and was sentenced with five years rigorous imprisonment and also with fine of Rs. 1,000/ - with default stipulation of one month additional simple imprisonment. All the sentences were directed to run concurrently.
(3.) In brief, the case of the prosecution, as disclosed in the F.I.R., was as under: - On 9.10.2005, son of the complainant named Amrendra Kumar aged about nine years had gone to attend Bhagwat Katha, which was going on the temple of the village. Appellant Chatra Pal had also gone to the temple. From the temple, appellant on the pretext of providing him toffee, brought him to the shop of Barai and from there, he purchased toffee and thereafter he along with son of the complainant went in the western direction towards Sindhi Bhatta. He was seen in the company of the deceased by Kamlesh Yadav, Itwari Yadav at about 10:00 p.m. Appellant Chatra Pal committed unnatural offence with the deceased near the brick kiln due to which Amrendra Kumar (deceased) become unconscious and died. The appellant threw his dead body in a pond. After conclusion of the Bhagwat Katha when son of the complainant Amrendra Kumar did not come back then his search was made. When these persons during the course of search went in the morning near Sindhi Bhatta along with Jograj, Vidya Sagar, Raju, Indra Pal, Mool Narain and Ashok Kumar then they found that dead body of his son was lying in the pond. Thereafter F.I.R. was lodged. On the basis of this information, the case was registered and investigation proceeded. The inquest proceedings were conducted and the dead body was sealed. After completing the necessary formalities, the dead body was sent for postmortem, which was conducted at District Hospital, Hardoi on 10.10.2005 at 4:00 p.m. According to the postmortem report, the duration was about one day and following ante mortem injuries were reported on the body of the deceased: - (i) Abraded contusion 5 c.m. X 2 c.m. present on the forehead reaching upto bridge of nose. Underlying frontal and nasal bone found fractured. (ii) Abrasion 3 c.m. x 1 c.m. on right side face. (iii) Abrasion 2 c.m. x 1 c.m. on chin (iv) Abrasion 3.5 c.m. x 1 c.m. in front of neck. (v) Lacerated wound 2 c.m. x 0.5 c.m. x muscle deep present on anus. Clotted blood present. (vi) Abrasion 1.5 c.m. x 1 c.m. Middle of right buttock. In the opinion of the doctor, the cause of death was comma as a result of ante mortem injuries.;