JUDGMENT :

Om Prakash-VII, J.

1. This jail appeal has been preferred on behalf of the appellant Mahendra, who has been convicted and sentenced vide judgment and order dated 24.08.2010/25.08.2010 passed by Sessions Judge, Hathras in Sessions Trial No. 473 of 2008 (State v. Mahendra) under section 302, IPC to undergo imprisonment for life and a fine of Rs. 2000/-. In default of payment of fine, appellant was also directed to undergo six months additional simple imprisonment.

2. Prosecution story in brief is that a written report (Ex. Ka.-1) was moved by informant Radhacharan (P.W. 1) at police station concerned on 12.8.2008 mentioning therein that his elder brother Mahendra used to take intoxicants and always used to quarrel with his wife Rekha. In the intervening night of 11/12.08.2008, Mahendra again quarreled with his wife and when she fell asleep, in anger, Mahendra committed murder of his seven years old son Lekhraj by cutting the body with spade and thereafter buried the dead body in a pit. When mother of deceased woke up, she did not find Lekhraj, then she asked her husband that where is Lekhraj, on which Mahendra told that he has killed Lekhraj and buried him. He also warned tha