JUDGMENT :

1. Heard Sri Virendra Pratap Yadav, learned Amicus Curiae for the appellant and the learned A.G.A. for the State.

2. This jail appeal is by the accused-appellant Ashok Yadav, who has been convicted in Sessions Trial No. 521 of 2011 (State Vs. Ashok Yadav), arising out of Case Crime No. 288 of 2011, under Section 302, 201 I.P.C., Police Station Puramufti, District Kaushambi and has been sentenced to life imprisonment alongwith fine of Rs.10,000/- under Section 302 I.P.C. and in default of payment in fine to further one year additional imprisonment; seven years imprisonment alongwith fine of Rs.5000/-for the offence under Section 201 I.P.C. and in default of payment in fine to one year additional imprisonment. All sentences are to run concurrently.

3. The prosecution case proceeds on a written report of Basant Lal (P.W.-1), who has stated that next to his house is the house of his uncle Ashok Yadav (accused), who is of cantankerous nature and is a thief. He has thrown his wife out of the house about 3-4 months back and his only son Gangadeen (deceased), aged about 13 years was living with him. The deceased often used to have his meals at the house of the informant and he also used to render some services to him. The deceased however was not keen in living with the accused and wanted to go with his mother. On the night of 16/17.08.2011, the informant heard cries of Gangadin and he went to the house of the accused to inquire as to why Gangadin was crying. The accused from inside the house informed that Gangadin was insisting to go with his mother and he was being scolded by him. After sometime the cries of Gangadin stopped and the informant asked the accused to open the door but the accused informed from inside the house that the deceased had gone to sleep. The informant was asked to go back to his house.

4. At about 3:00 A.M. the accused came to the house of the informant and intimated him that Gangadin had run away from the house. The informant along with other family members tried to search Gangadin. The residents of the village namely Raghu Yadav and Jagmohan Yadav however informed the informant that at about 12:00 hours in the night, while they were returning home from the power house, the accused was carrying the deceased covered in a Kathri (stitched blanket) and upon inquiring these persons were informed by the accused that the deceased is unwell and he is taking him for treatment. The informant, therefore grew suspicion and when the accused was firmly inquired regarding the whereabouts of Gangadin that the accused confessed that he has strangulated the deceased and has thrown his body in the village pond. The informant states that while he was attempting to somehow retrieve the body from the pond, that the accused fled. With the assistance of other members of the village the dead body was ultimately retrieved and has been kept in adjoining field of Shamshad.

5. On the basis of such written communication given by P.W.-1, the first information report in Case Crime No. 288 of 2011, under Section 302, 201 I.P.C., Police Station Puramufti, District Kaushambi was registered. The police came on the spot and prepared a recovery memo in respect of the Kathri (stitched blanket) and a pair of slippers. The Panchayatnama was conducted and panch witnesses were of the opinion that deceased has been strangulated and the death is homicidal and in order to ascertain the correct cause of death the post mortem be got conducted. The post mortem has been conducted in which cause of death has been found to be asphyxia as a result of ante mortem strangulation and following ante mortem injuries have been found on the body of the deceased :-

1. Contused swelling of 7cm x 3cm present in front of neck, contusion is placed 2cm below chin, on cut section of contusion mark haemorrhage seen.

2. Multiple abraded contusion of 6cm x 4cm present of right side cheek, on cut section of contusion haemorrhage seen.

3. Contusion of 7cm x 5cm present on left