A conviction for murder requires proof of specific intent to cause death or injury sufficient in the ordinary course of nature to result in death. Acts committed in the heat of passion without pre-meditation, while dangerous, typically constitute culpable homicide not amounting to murder under Section 304 Part II.

JUDGMENT :

Rajnish Kumar, J.

(1) The instant jail appeal has been preferred by convict/appellant, Jag Prasad Yadav alias Jaggu, assailing the judgment and order dated 19.04.2019 passed by Special Judge (S.C./S.T. Act), Faizabad, in Sessions Trial No. 171 of 2015 (Computer Registration No. 792 of 2015); State Versus Jag Prasad Yadav alias Jaggu, emanating from Case Crime No. 102 of 2015, under Sections 302, 307, 323 of the Indian Penal Code, 1860 (here-in-after referred to as “I.P.C.”) and Section 3(ii)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (here-in-after referred to as “SC/ST Act”), Police Station Kumarganj, District Faizabad.

(2) The case of the prosecution, in short, is that complainant, Ramlautan son of Suraju, resident of village Sakir Pithala, Police Station Kumarganj, district Faizabad, had submitted a written complaint at police station Kumarganj, district Faizabad on 22.04.2015, alleging therein that on 22.04.2015, a wedding procession ¼ckjkr½ had come to his village. In that procession, a person from his village, Jaggu alias Jagprasad Yadav son of late Ram Naval Yadav, had torn to shreds the motorcycle etc. and when the wedding party chased him from there, he (Jaggu alias Jagprasad Yadav) went to the door of Suraju of his village and picked up a boy, Shagun, aged 3½ years and a girl aged 1 year, lying on a cot at the door, who had come to their maternal home and thrown them into a nearby well at about 11:00 in the night. Upon hearing the children crying, nearby villagers took them out of the well and rushed them to Kumarganj hospital, where the doctor declared Shagun dead, while the girl survived. The dead body is lying on the road in front of the doctor. The boy Shagun is of Scheduled Caste community and the aforesaid Jaggu is of non Scheduled Caste community. Information is being given, the appropriate action may be taken.

(3) On the basis of the aforesaid report, F.I.R., bearing No.102 of 2015, under Sections 302 I.P.C. and Section 3 (2) (v) of the S.C./S.T. Act was registered at police station Kumarganj, Faizabad on 23.04.2016 at 00:10 hours.

(4) The investigation of the case was conducted by Circle Officer Navin Kumar Nayak. He, after getting copy of F.I.R., recording of the evidence of complainant and scriber of the F.I.R., reached the place of occurrence and prepared the site plan. Thereafter, S.I. Ram Bachan Ram had prepared the inquest report of the dead body of deceased Shagun. He, after collecting all the papers, sent the dead body of Shagun for post-mortem. He also sent mother of deceased, namely, Rekha wife of Dharamraj for medical examination.

(5) The post-mortem of the dead body of the deceased Shagun was conducted on 23.04.2015 at 03:05 P.M. at District Hospital, Faizabad by Dr. Gulrez Ahmad. On external examination, he found that height of the deceased was 81 C.M.; her body was well-built; her eyes and mouth were semi open; rigor mortis was present; and there was no visible injury on the body of the deceased. On internal examination, blackish layer seen in upper part trachea and in larynx over mucosa; left and right chamber of heart full; there was no smell from the stomach; stomach wall was normal and