Pritinker Diwaker, J. - (1.) This appeal arises out of the impugned judgment and order dated 23.04.2009 passed by Additional Sessions Judge, Court No. 10, Saharanpur in Sessions Trial No. 827 of 2007 (State Vs. Pawan) convicting the appellant under Sections 364 & 302 of I.P.C. sentencing him to undergo life imprisonment and fine of Rs. 10,000/- each, in default thereof, to go further additional simple imprisonment of one year each, further convicting the appellant under Section 201 of I.P.C. sentencing him to undergo 7 years rigorous imprisonment and a fine of Rs. 5,000/-, in default thereof, to go further simple imprisonment of six months with a direction that all the sentences shall run cuncurrently.
(2.) Prosecution story is that as per his regular schedule, PW-1 Rishipal while working in the field was waiting for the tea to be received from his house. However, the said tea was never received by Rishipal and in the evening after returning from the field when he inquired from his wife as to why the tea was not sent to him, he was informed by his wife that deceased Ravi aged about eight years and Johny aged about four years, two sons of PW-1 and wife Veerwati had taken the tea at the scheduled time. Both husband and wife got panic as their sons had not reached to the field. They started searching them and during search they were informed by Rajendra Kumar (not examined) and PW-3 Arjun Singh that both Ravi and Johny were seen in the company of accused-appellant Pawan at about 04.30 P.M. at the 'rapta' (temporary path over canal). Villagers also inquired about the accused-appellant, who was found missing from his home. FIR Ex. Ka.-6A was lodged on 16.09.2007 at 11.00 P.M. by PW-1 Rishipal against the accused-appellant Pawan under Section 364 of I.P.C. In the FIR, it has been categorically stated by Rishipal that two days prior to the incident, accused Pawan had entered his house and touched his minor daughter with bad intentions and upon hearing her cries, accused-appellant was caught hold and was beaten by Rishipal and his wife. While going back appellant had threatened that he would ruin the family of PW-1 Rishipal. On 17.09.2007, dead bodies of two deceased were found in the filed of Om Prakash. Additional offence under Section 302 of I.P.C. was added in the FIR and on 17.09.2007 vide Ex. Ka-6 and Ka-7 inquest on the dead bodies of the deceased were conducted. Both the bodies were sent for postmortem, which was conducted on 17.09.2007 by PW-5 Dr. Ajay Kumar vide Ex. Ka-4 and Ka-5 and following injuries have been found on the body of the deceased Ravi: "(1) Ligature mark 7 cm x 2 cm irregular over front of neck, horizontal, 4 cm from (R) ear 5 cm from (L) Ear. (2) Multiple Abraded centric over forehead, nose & left side face. Largest 3 cm x 1 cm, smallest .5 cm x .5 cm. (3) Multiple abraded centric over left lower exterior hip to lower half of leg. Largest 10 cm x 4 cm smallest 1 cm x 1 cm. (4) Multiple abraded centric 15 cm x 3 cm over left side lateral part of chest. Largest 3 cm x 1 cm. Smallest .5 cm x .5 cm."
(3.) According to postmortem report, cause of death of deceased Ravi was due to asphyxia as a result of strangulation.;