BHARAT BHUSHAN,KAUSHAL JAYENDRA THAKER,J. - (1.) Heard Sri P.C. Srivastava, learned Counsel for the appellant and Sri Ajit Ray for the State.
(2.) This appeal challenges the judgment and order dated 7.2.2005 passed by Addl. Session Judge/Fast Track Court No.3, Gorakhpur, in Session Trial No.451 of 2003, State v. Jitendra Pandey, under Section 302 IPC convicting accused-appellant for Life Imprisonment and also fine of Rs. 10,000/-. The accused-appellant is in Jail since 9.2.2005 and has not been enlarged on bail.
(3.) The brief facts are that Shri Jitendra Pandey s/o Late Jang Bahadur Pandey, co-parcener of the complainant Shri Ishwari Prasad Pandey, had invited five priests to recite mantras (verses) for the purashaaran maaran Jitendra Pandey s/o the complainant one week before 23.07.03, as a result of which son of the complainant fell ill; and to reduce the effect of the said jaap, the complainant along with his son Jitendra Pandey, Smt. Sudha Devi, Suraj and others went to Pishachmochan in Varanasi, and had the Jaap (recitation of mantras) performed there; whereby his son regained heath. Meanwhile, some persons conveyed to Jitendra Pandey that the complainant had performed some rituals against his family. On this, Jitendra Pandey in collusion with Vindhyachal, kidnapped and murdered Suraj Pandey, aged around 4 years, by inflicting knife blows on his person in the balcony of old house at around 9:00 P.M.;