GHANDIKOTA SRI DEVI - (1.)The present appeal has been filed by the accused-appellant Kaushal from Jail being aggrieved by the judgment and order dated 27.02.2014 passed by the learned Additional Sessions Judge, Court No.1, Firozabad whereby the accused-appellant was convicted for the offence under Section 304 I.P.C. and he was sentenced to undergo rigorous imprisonment for 10 years and also to pay the fine of Rs. 2000/-. In default of payment of fine, he was further sentenced to simple imprisonment of 3 months, in Sessions Trial No. 167 of 2011 (State Vs. Kaushal) arising out of Case Crime No. 478 of 2010, P.S. Tundla, District Firozabad.
(2.)The facts in nutshell as emerged from the prosecution case are that the informant Mukesh Rawat, resident of Nai Basti, M.P. Road, Surmewali Gali, Tundla had given a written report at Police Station Tundla inter-alia stating therein that his neighbour and relative Jagdish Prasad, aged about 75 years was residing in his house, he was having 2 sons, namely, Virendra Kumar and Kaushal. However, his both sons were not mentally stable. Kaushal and Jagdish Prasad have kicked out Virendra Kumar from their house and he used to stay in the village Nagla Walia. As Kaushal is not mentally stable, he used to abuse and assault his father on and often. However, the informant made him to understand several times. On 03.11.2010, Kaushal, during the day time, assaulted his father Jagdish Prasad inside his house and he locked his house from inside and he also put ablaze his house. When Jagdish asked him not to do so, Kaushal attacked him with the hammer and killed him. When the door of the house was not opened till the next morning, on suspicion, when he opened the door along with others, found that Jagdish was already lying dead. He was murdered by Kaushal during night at unknown time.
(3.)Basing on the written report given by the informant Mukesh Rawat, Case Crime No. 478 of 2010 under Section 304 I.P.C. was registered as P.S. Tundla and the check report was prepared, so also relevant entries were made in the general diary vide Rapat No. 14 at 8.15 AM on 04.11.2010. The investigation of the case was taken up by the S.S.I. of Police Sri Pitam Singh who after taking over investigation of the case had gone to the place of occurrence and prepared the spot map of the occurrence, collected the blood stained and plain soil from the place of occurrence, also recovered the hammer and the piece of burnt Razai into his possession and accordingly prepared the recovery memos. The S.I. of Police Sri Baijnath Singh, under the direction of S.S.I. conducted inquest over the body of the deceased and he also prepared the connecting papers such as challan lash, sample seal, photo lash, letter to C.M.O, etc. The body of the deceased was sealed and dispatched to the District Hospital for post-mortem. The accused-appellant was apprehended and arrested by the I.O. on 05.11.2010, he also recovered the pant and shirt of the accused-appellant, prepared the recovery memo. The post-mortem of the body of the deceased was conducted by Dr. V.P. Kaushik on 04.11.2010 at 3 PM and during the post-mortem examination, as many as 21 ante-mortem injuries were found by him on the body of the deceased.
According to the opinion of the doctor, the death of the deceased might have caused about 1 and 1/2 day before the post-mortem examination and the cause of the death was ascertained as coma, as a result of ante-mortem injuries over head.