State of U.P v. Chanda Munna Badal

1. Heard Ms. Mary Puncha (Sheeb Jose) alongwith Sri Mohd. Kalim (in Jail 2 JAPL No. 319 of 2021 Appeal No. 320 of 2021); Sri Ashish Kumar Srivastava, Advocate holding brief of Sri Yogesh Kumar Vaish (in Jail Appeal No. 319 of 2021) and Sri Mohd. Akhtar alongwith Ms. Sufiya Bano (in Jail Appeal No. 309 of 2021), learned counsel for the appellants and Sri L.D. Rajbhar, learned AGA for the State.

2. Present jail appeals arise from the judgement and order dated 25.02.2021 passed by Sri Ashok Kumar-XI, learned Additional Sessions Judge, Court No.1, Sonbhadra in Sessions Trial No. 71 of 2014 (State of U.P. Vs. Chanda Munna @ Badal & 2 Ors.), arising out of Case Crime No. 313 of 2014, under Sections 302 read with Section 34 and 201 I.P.C., Police Station - Anpara, District - Sonbhadra. By that order, the learned court below has convicted all the appellants for offence under Section 302 read with Section 34 I.P.C. and sentenced them for life imprisonment together with fine Rs. 5,000/- with default sentence of five months each. Also, it has convicted all the appellants for offence under Section 201 I.P.C. and sentenced them for seven years imprisonment together with fine Rs. 1,000/- with default sentence of one month, each. Both sentences are to run concurrently.

3. All appellants are in jail. On bail applications being pressed and strong opposition being offered by the State, we proposed to hear the appeals, finally. Accordingly, appeals have been heard finally, with the consent of parties.

4. The prosecution story emerged on the strength of Written Report dated

26.05.2014 submitted by Buddhsen Sharma (P.W.-1), the father of the deceased (Vikat Sharma). It was reported, the deceased (aged about six years) was playing outside his house on 26.05.2014, at around 11:30 a.m. The accused Chanda Munna @ Badal (brother-in-law of the accused Raj 3 JAPL No. 319 of 2021 Kumar Gupta), enticed the victim to the house of the said Raj Kumar Gupta. Chanda Munna @ Badal assaulted the victim and inflicted grievous injury.

5. On receiving information, the first informant recovered the victim in an unconscious state from inside the house of Raj Kumar Gupta and took him to the Project Hospital, Anpara Colony, where he was declared dead. The Written Report is Ex.Ka-1. On that Written Report, the F.I.R. was registered at Police Station - Anpara, District - Sonbhadra on 26.05.2014, at 01:45 p.m. It is Ex.Ka-2. On 26.05.2014, the Inquest Report was prepared by Sub- Inspector Shobh Nath Yadav (P.W.-8) between 02:25 p.m. to 03:35 p.m. It is Ex.Ka-6. The next day, on 27.05.2014, Dr. Manoj Ikka conducted the autopsy examination on the dead body of the deceased. In that, he noted three abrasions, one on the left cheek, second on the right side of the neck and the third on the left side of the face below the ear, towards the mouth. According to him, death was caused by throttling. The Autopsy Examination Report is Ex.Ka-4.

6. Upon completion of investigation, the Investigation Officer Shobh Nath Yadav (P.W.-8) submitted the charge-sheet. Upon the case being committed for trial to the Court of Sessions, following charges came to be framed against the appellants : "Firstly, that you, on 26.05.2014 at about 11:30 a.m. at Adarsh Nagar situated in village Auri, within the local limits of P.S. Anpara, District Sonbhadra, and in furtherance of your common intention, did commit murder by intentionally causing the death of Vikat Sharma, aged 6 years and thereby committed an offence punishable under Section 302 read with Section 34 I.P.C. and within the cognizance of this court. Secondly, that you, on the said date, time and place, concealed the dead body of Vikat Sharma in a Kothari with the intention of screening yourselves from legal punishment and thereby committed an offence 4 JAPL No. 319 of 2021 punishable under Section 201 I.P.C. and within the cognizance of this court."

7. At the trial, besides relying on the above documentary evidence, the prosecution relied on the oral evidence led through eight witnesses. In that, the father of the deceased namely Buddhsen Sharma, the first informant, was examined as P.W.-1. The mother of the deceased namely Mamta was examined as P.W.-2. Ajay Sharma who is a relative of the first informant was examined as P.W.-6. His wife Urmila was examined as P.W.-7. These witnesses proved that the injured Vikat Sharma was recovered from inside the house of Raj Kumar Gupta, at around 11:30 a.m., on 26.05.2014. They also proved, before such recovery could be made, efforts made (to recover Vikat Sharma) by the family of the deceased, were obstructed by Raj Kumar Gupta, Chanda Munna @ Badal and Dukhani @ Rekha. They did not allow the family of the deceased to go inside their house, though the victim side was reliably informed that the deceased had been confined there, by Chanda Munna @ Badal.

8. Neetu, a 13 year old sister of the deceased was examined as P.W.-3. She proved, before the occurrence was caused, she was playing with the deceased, outside their house. At that time, Chanda Munna @ Badal enticed the deceased on the pretext of offering some snacks/'Kurkure'. Taking the bait offered by Chanda Munna @ Badal, the deceased, a six year old boy, followed him to the house of Raj Kumar Gupta. Meanwhile, not suspecting anything amiss, Neetu (P.W.-3) - on being asked by her mother Mamta (P.W.-2), went to purchase some miscellaneous items. She returned to find her mother Mamta (P.W.-2) crying in search of the deceased. Neetu (P.W.-3) told her mother - Chanda Munna @ Badal had taken the deceased to the house of Raj Kumar Gupta. 5 JAPL No. 319 of 2021

9. Many people gathered at that time. When the door of the house of Raj Kumar Gupta was opened, they found Vikat Sharma lying unconscious, next to Chanda Munna @ Badal. He was carried to the hospital, where he was declared dead.

10. Thereafter, Head Constable Radhey Shyam Yadav was examined as P.W.-4. He proved the registration of the case and the relevant G.D. entry to establish that the F.I.R. was registered at 01:45 p.m.

11. Dr. Manoj Ikka was examined as P.W.-5. He proved the ante mortem injuries and the cause of death - throttling. During his cross-examination, on a suggestion offered by the defence, he admitted the possibility, all injuries may have been caused by one person. Last, the Investigation Officer Shobh Nath Yadav was examined as P.W.-8. He proved the recoveries made during investigation, and the submission of the charge-sheet.

12. Thereafter, the statement of the accused persons were recorded under Section 313 Cr.P.C. Defence led evidence through one Sita Mishra (D.W.- 1), a neighbour of the deceased, who tried to establish that the deceased had suffered a sudden fall and suffered injuries to which he succumbed. In that state of evidence, the learned court below has convicted the appellants and sentenced them as above.

13. Submissions of learned counsel for the appellants are - first, no one saw the occurrence. Wholly false accusation has been made against the appellants for reason of pre-existing disputes and suspicions. Merely because a six year old child may have broken some glass scrap/stock of Raj Kumar Gupta, no motive or cause may have arisen to any of the appellants to cause the occurrence.

14. Second, there is no evidence of recovery of the dead body of the 6 JAPL No. 319 of 2021 deceased, from inside the house of Raj Kumar Gupta. No independent witness was examined by the prosecution, to establish that fact.

15. Third, no other recovery has been made and no other fact has been proven as may establish either that Chanda Munna @ Badal or any of the other appellants had caused the occurrence or that they had concealed the dead body of the deceased. Other than the evidence led by Neetu (P.W.-3), there is no material to convict the appellants. The law on the issue of child witness is clear. The same may not be acted upon unless due corroboration exists. The appellants are therefore entitled to a benefit of doubt.

16. Last, it has been stressed, the entire prosecution story arose on suspicion and is based on presumptions and conjectures.

17. On the other hand, learned A.G.A. would submit, the prosecution story is wholly proved. The F.I.R. was lodged promptly. It contains truthful narration of the occurrence. The evidence of last seen led by Neetu (P.W.-3) is undoubted. Due corroboration exists that the occurrence was caused in the manner disclosed - on the strength of evidence led by not less than four witness. Though they may be closely related to the deceased, that itself may not constitute or give rise to a reasonable doubt. The F.I.R. was lodged promptly, within three hours. There is no material improvement made to the prosecution story. In absence of any contradiction or serious doubt, no interference is warranted. As to offence under Section 201 I.P.C., it has been submitted, sufficient evidence has been led that all the accused persons had obstructed discovery of the dead body of the deceased from inside the house of Raj Kumar Gupta.

18. As to the child witness, it has been submitted, it is not a rule of law but a rule of prudence that adequate corroboration may be sought, if required. 7 JAPL No. 319 of 2021 Where the testimony of the child witness is wholly truthful and such witness is wholly reliable, lack of corroboration may not be cited to discredit that prosecution story. Since the occurrence had been caused behind close doors, inside the house of the appellant Raj Kumar Gupta, it was impossible for the prosecution to lead any other direct evidence.

19. Having heard learned counsel for the parties and having perused the record, in the first place, parties were known from before, they being neighbours. There is also no reason to doubt that there may have arisen some dispute between them wherein a six year old boy i.e. the deceased may have pelted a few stones or pebbles at the glass scrap/stock of Raj Kumar Gupta, a scrap merchant.

20. During the cross-examination of the five witnesses of fact presented by the prosecution, no doubt emerged to the prosecution story as may involve existence of any other dispute between the parties. Seen in that light, the promptness of the F.I.R. - lodged within three hours of the occurrence, is established. The father of the deceased namely Buddhsen Sharma (P.W.-1) had named the accused in the F.I.R. itself. He had also narrated the manner of the occurrence wherein the deceased had been assaulted by Chanda Munna @ Badal, the brother-in-law of the co-accused Raj Kumar Gupta.

21. To the extent that disclosure is contained in the F.I.R., the prosecution story narrated through occular witnesses, finds due corroboration from the F.I.R. Yet, the F.I.R. is not an encyclopedia of the occurrence. Therefore, the fact that it does not disclose the minute details of the occurrence or the manner in which it may have been caused, may never give rise to a reasonable doubt in the prosecution story. Rather, the promptness with which F.I.R. was lodged, itself lends credibility to the prosecution story. It 8 JAPL No. 319 of 2021 may not be challenged on grounds of material improvements etc.

22. As to the occurrence, it is true that the solitary eye-witness i.e. Neetu (P.W.-3) is the elder sister of the deceased aged about 13 years. During her cross-examination she narrated the occurrence as disclosed by her during her examination-in-chief (noted above), though in some different words. Thus, she disclosed that she was playing hide-and-seek with the deceased, before the occurrence, when her mother sent her to buy shampoo and soap, for the house. However, she was not doubted either having last seen the deceased being enticed by Chanda Munna @ Badal, to the house of Raj Kumar Gupta or as to the disclosure made by her during her examination-in-chief that she found her mother crying when she came back after buying miscellaneous items (now described as shampoo and soap). The occurrence took place inside the house of Raj Kumar Gupta within a very short time of 15 minutes after the deceased was last seen with Chanda Munna @ Badal. In that state of the evidence, we are not inclined to doubt or throw out her wholly reliable deposition merely because she was 13 year old.

23. We have gone through answer responses given by that witness during her cross-examination. The nature of those answer responses given by her, as recorded by the learned court below, itself indicate that she had given wholly independent and rational responses. Being more than 12 years of age, there existed no formal requirement to put preliminary questions to her, in terms of Section 118 of the Indian Evidence Act, before her statement was recorded.

24. As to what transpired after the occurrence, four other witness of fact have been examined by the prosecution, including the father of the victim Buddhsen Sharma (P.W.-1), his mother Mamta (P.W.-2), and relative Ajay 9 JAPL No. 319 of 2021 Sharma (P.W.-6) and his wife Urmila (P.W.-7). In the nature of the occurrence disclosed, wherein a six year old boy, went missing, just outside his house, the presence of those witnesses, is wholly natural.

25. It is also not in doubt that the parties were neighbours. They knew each other from before. There is no reason to doubt the further assertion that in the past the deceased had engaged in activities - generally described as mischievous. He may have innocently pelted stones or pebbles at the glass scrap/stock of Raj Kumar Gupta, that may have irritated the said Raj Kumar Gupta and his family members.

26. In view of what Neetu (P.W.-3) disclosed - that she had seen the deceased with Chanda Munna @ Badal entice the deceased to the house of Raj Kumar Gupta, on the pretext of giving him some snacks/'Kurkure', it is a wholly natural narration in the prosecution story that therefore all the witness went in search of the deceased, to the house of Raj Kumar Gupta. Also, it is duly proven that Chanda Munna @ Badal alone was present inside the house of Raj Kumar Gupta with the deceased.

27. While the occurrence may have taken place on 11:15 a.m., the F.I.R. was lodged almost within three hours at 01:45 p.m. During that time, the deceased first recovered the injured Vikat Sharma, from inside the house of Raj Kumar Gupta and carried him to the Project Hospital, Anpara in the hope of treatment. There, he was declared dead, whereafter the F.I.R. was lodged. In absence of any doubt to the facts that upon recovery the injured Vikat Sharma was carried to the hospital, there is absolutely no reason to admit any doubt in the prosecution story as delayed.

28. Further, there is no reason to doubt the prosecution narration that all three appellants obstructed efforts made by the father of the deceased and his 10 JAPL No. 319 of 2021 relatives and persons of the locality, to enter their house, on the information furnished by Neetu (P.W.-3).

29. As to the actual occurrence, we find - Neetu (P.W.-3) is a wholly reliable witness. She narrated, Chanda Munna @ Badal had taken the deceased inside the house of the Raj Kumar Gupta, on the pretext of offering him some snacks/‘Kurkure’. In that, she neither narrated that the other accused Raj Kumar Gupta and his wife Dukhani @ Rekha participated in that occurrence nor she made any other allegation to establish the presence of those two accused, inside that house. She only recognized Chanda Munna @ Badal as the accused, who caused that occurrence.

30. Then, Buddhsen (P.W.-1) who is the father of the deceased offered similar proof of the manner of the occurrence. Mamta (P.W.-2) who is the mother of the deceased, proved that at the time of recovery of the dead body of the deceased, the appellants Raj Kumar Gupta and Dukhani @ Rekha were present outside their house alongwith Chanda Munna @ Badal. Insofar as the wholly reliable witness Neetu (P.W.-3) is concerned, she proved, when she entered the house of Raj Kumar Gupta, she found Chanda Munna @ Badal was lying next to the deceased, who was unconscious. In that, she did not place the other co-accused inside the house. Ajay Sharma (P.W.-6) and Urmila (P.W.-7) also did not prove anything other or further - with respect to above noted facts. The inconsistency in the prosecution story as to the presence of Chanda Munna @ Badal at the time of discovery of the injured Vikat Sharma, is minor and not of major consequence.

31. Clearly, the prosecution succeeded in proving that Chanda Munna@ Badal enticed the deceased to the house of Raj Kumar Gupta. He took him inside that house. The prosecution has further succeeded to establish, beyond 11 JAPL No. 319 of 2021 reasonable doubt, on gaining knowledge of that fact, his parents and others gathered outside the house of Raj Kumar Gupta that was locked from outside. It also emerges from the proven prosecution story, by that time, the appellants Raj Kumar Gupta and his wife Dukhani @ Rekha were standing guard to prevent anyone to enter their house. As to the presence of Chanda Munna @ Badal at that time, no doubt may exist. The wholly reliable witness Neetu (P.W.-3) narrated that Chanda Munna @ Badal was lying next to the deceased who was unconscious. To the extent, the prosecution successfully established that the deceased was confined inside the house of Raj Kumar Gupta by Chanda Munna @ Badal around 11:15 a.m. where he was throttled and further, to the extent that occurrence was caused behind closed doors, the prosecution was disabled from leading any other positive evidence based on ocular account - to establish the same. Further, the occurrence was caused with bare hands on a child not more than six years of age. Therefore, the issue of no recovery of any weapon etc., is irrelevant. No reasonable doubt arises on that count.

32. To the extent, the medical evidence wholly corroborates the occurrence as narrated by the prosecution, we find no reason to doubt that the occurrence was caused by Chanda Munna @ Badal, inside the house of his brother-in-law (Jija) Raj Kumar Gupta. In face of such evidence and proof, the issue of motive may remain largely extraneous and, in any case, irrelevant to test the direct prosecution evidence, on the test of reasonable doubt. The ingredients of the offence under Section 302 I.P.C., stood established against the Chanda Munna @ Badal.

33. To the extent, no other evidence has arisen against Raj Kumar Gupta & Dukhani @ Rekha, to kill a six year old infant, as discussed above, a reasonable doubt does exist to convict those appellants, for that offence as 12 JAPL No. 319 of 2021 their presence inside their house where the occurrence was caused is not established. For that reason, their conviction under Section 302 I.P.C. read with Section 34 I.P.C., may not be sustained.

34. However, offence under Section 201 I.P.C. is wholly made out against all three accused. That conviction is upheld.

35. Accordingly, sentence of the appellant Chanda Munna @ Badal is maintained with right of remission, when due. Insofar as the appellants Raj Kumar Gupta and Dukhani @ Rekha are concerned, considering the offence under Section 302 I.P.C. is punishable to capital punishment, applying Section 201 I.P.C. Part - I, they are sentenced for seven years together with fine Rs. 50,000/- each, to be paid to the victim i.e. father of the deceased Buddhsen Sharma (P.W.-1), with default sentence three months.

36. Accordingly, the jail appeal filed on behalf of the appellant - Chanda Munna @ Badal is dismissed and the jail appeals filed on behalf of the appellants - Raj Kumar Gupta and Dukhani @ Rekha are partly allowed as above. September 10, 2025 Abhilash/Salman/Prakhar (Tej Pratap Tiwari,J.) (Saumitra Dayal Singh,J.) ABHILASH SINGH High Court of Judicature at Allahabad

1. Heard Ms. Mary Puncha (Sheeb Jose) alongwith Sri Mohd. Kalim (in Jail 2 JAPL No. 319 of 2021 Appeal No. 320 of 2021); Sri Ashish Kumar Srivastava, Advocate holding brief of Sri Yogesh Kumar Vaish (in Jail Appeal No. 319 of 2021) and Sri Mohd. Akhtar alongwith Ms. Sufiya Bano (in Jail Appeal No. 309 of 2021), learned counsel for the appellants and Sri L.D. Rajbhar, learned AGA for the State.

2. Present jail appeals arise from the judgement and order dated 25.02.2021 passed by Sri Ashok Kumar-XI, learned Additional Sessions Judge, Court No.1, Sonbhadra in Sessions Trial No. 71 of 2014 (State of U.P. Vs. Chanda Munna @ Badal & 2 Ors.), arising out of Case Crime No. 313 of 2014, under Sections 302 read with Section 34 and 201 I.P.C., Police Station - Anpara, District - Sonbhadra. By that order, the learned court below has convicted all the appellants for offence under Section 302 read with Section 34 I.P.C. and sentenced them for life imprisonment together with fine Rs. 5,000/- with default sentence of five months each. Also, it has convicted all the appellants for offence under Section 201 I.P.C. and sentenced them for seven years imprisonment together with fine Rs. 1,000/- with default sentence of one month, each. Both sentences are to run concurrently.

3. All appellants are in jail. On bail applications being pressed and strong opposition being offered by the State, we proposed to hear the appeals, finally. Accordingly, appeals have been heard finally, with the consent of parties.

4. The prosecution story emerged on the strength of Written Report dated

26.05.2014 submitted by Buddhsen Sharma (P.W.-1), the father of the deceased (Vikat Sharma). It was reported, the deceased (aged about six years) was playing outside his house on 26.05.2014, at around 11:30 a.m. The accused Chanda Munna @ Badal (brother-in-law of the accused Raj 3 JAPL No. 319 of 2021 Kumar Gupta), enticed the victim to the house of the said Raj Kumar Gupta. Chanda Munna @ Badal assaulted the victim and inflicted grievous injury.

5. On receiving information, the first informant recovered the victim in an unconscious state from inside the house of Raj Kumar Gupta and took him to the Project Hospital, Anpara Colony, where he was declared dead. The Written Report is Ex.Ka-1. On that Written Report, the F.I.R. was registered at Police Station - Anpara, District - Sonbhadra on 26.05.2014, at 01:45 p.m. It is Ex.Ka-2. On 26.05.2014, the Inquest Report was prepared by Sub- Inspector Shobh Nath Yadav (P.W.-8) between 02:25 p.m. to 03:35 p.m. It is Ex.Ka-6. The next day, on 27.05.2014, Dr. Manoj Ikka conducted the autopsy examination on the dead body of the deceased. In that, he noted three abrasions, one on the left cheek, second on the right side of the neck and the third on the left side of the face below the ear, towards the mouth. According to him, death was caused by throttling. The Autopsy Examination Report is Ex.Ka-4.

6. Upon completion of investigation, the Investigation Officer Shobh Nath Yadav (P.W.-8) submitted the charge-sheet. Upon the case being committed for trial to the Court of Sessions, following charges came to be framed against the appellants : "Firstly, that you, on 26.05.2014 at about 11:30 a.m. at Adarsh Nagar situated in village Auri, within the local limits of P.S. Anpara, District Sonbhadra, and in furtherance of your common intention, did commit murder by intentionally causing the death of Vikat Sharma, aged 6 years and thereby committed an offence punishable under Section 302 read with Section 34 I.P.C. and within the cognizance of this court. Secondly, that you, on the said date, time and place, concealed the dead body of Vikat Sharma in a Kothari with the intention of screening yourselves from legal punishment and thereby committed an offence 4 JAPL No. 319 of 2021 punishable under Section 201 I.P.C. and within the cognizance of this court."

7. At the trial, besides relying on the above documentary evidence, the prosecution relied on the oral evidence led through eight witnesses. In that, the father of the deceased namely Buddhsen Sharma, the first informant, was examined as P.W.-1. The mother of the deceased namely Mamta was examined as P.W.-2. Ajay Sharma who is a relative of the first informant was examined as P.W.-6. His wife Urmila was examined as P.W.-7. These witnesses proved that the injured Vikat Sharma was recovered from inside the house of Raj Kumar Gupta, at around 11:30 a.m., on 26.05.2014. They also proved, before such recovery could be made, efforts made (to recover Vikat Sharma) by the family of the deceased, were obstructed by Raj Kumar Gupta, Chanda Munna @ Badal and Dukhani @ Rekha. They did not allow the family of the deceased to go inside their house, though the victim side was reliably informed that the deceased had been confined there, by Chanda Munna @ Badal.

8. Neetu, a 13 year old sister of the deceased was examined as P.W.-3. She proved, before the occurrence was caused, she was playing with the deceased, outside their house. At that time, Chanda Munna @ Badal enticed the deceased on the pretext of offering some snacks/'Kurkure'. Taking the bait offered by Chanda Munna @ Badal, the deceased, a six year old boy, followed him to the house of Raj Kumar Gupta. Meanwhile, not suspecting anything amiss, Neetu (P.W.-3) - on being asked by her mother Mamta (P.W.-2), went to purchase some miscellaneous items. She returned to find her mother Mamta (P.W.-2) crying in search of the deceased. Neetu (P.W.-3) told her mother - Chanda Munna @ Badal had taken the deceased to the house of Raj Kumar Gupta. 5 JAPL No. 319 of 2021

9. Many people gathered at that time. When the door of the house of Raj Kumar Gupta was opened, they found Vikat Sharma lying unconscious, next to Chanda Munna @ Badal. He was carried to the hospital, where he was declared dead.

10. Thereafter, Head Constable Radhey Shyam Yadav was examined as P.W.-4. He proved the registration of the case and the relevant G.D. entry to establish that the F.I.R. was registered at 01:45 p.m.

11. Dr. Manoj Ikka was examined as P.W.-5. He proved the ante mortem injuries and the cause of death - throttling. During his cross-examination, on a suggestion offered by the defence, he admitted the possibility, all injuries may have been caused by one person. Last, the Investigation Officer Shobh Nath Yadav was examined as P.W.-8. He proved the recoveries made during investigation, and the submission of the charge-sheet.

12. Thereafter, the statement of the accused persons were recorded under Section 313 Cr.P.C. Defence led evidence through one Sita Mishra (D.W.- 1), a neighbour of the deceased, who tried to establish that the deceased had suffered a sudden fall and suffered injuries to which he succumbed. In that state of evidence, the learned court below has convicted the appellants and sentenced them as above.

13. Submissions of learned counsel for the appellants are - first, no one saw the occurrence. Wholly false accusation has been made against the appellants for reason of pre-existing disputes and suspicions. Merely because a six year old child may have broken some glass scrap/stock of Raj Kumar Gupta, no motive or cause may have arisen to any of the appellants to cause the occurrence.

14. Second, there is no evidence of recovery of the dead body of the 6 JAPL No. 319 of 2021 deceased, from inside the house of Raj Kumar Gupta. No independent witness was examined by the prosecution, to establish that fact.

15. Third, no other recovery has been made and no other fact has been proven as may establish either that Chanda Munna @ Badal or any of the other appellants had caused the occurrence or that they had concealed the dead body of the deceased. Other than the evidence led by Neetu (P.W.-3), there is no material to convict the appellants. The law on the issue of child witness is clear. The same may not be acted upon unless due corroboration exists. The appellants are therefore entitled to a benefit of doubt.

16. Last, it has been stressed, the entire prosecution story arose on suspicion and is based on presumptions and conjectures.

17. On the other hand, learned A.G.A. would submit, the prosecution story is wholly proved. The F.I.R. was lodged promptly. It contains truthful narration of the occurrence. The evidence of last seen led by Neetu (P.W.-3) is undoubted. Due corroboration exists that the occurrence was caused in the manner disclosed - on the strength of evidence led by not less than four witness. Though they may be closely related to the deceased, that itself may not constitute or give rise to a reasonable doubt. The F.I.R. was lodged promptly, within three hours. There is no material improvement made to the prosecution story. In absence of any contradiction or serious doubt, no interference is warranted. As to offence under Section 201 I.P.C., it has been submitted, sufficient evidence has been led that all the accused persons had obstructed discovery of the dead body of the deceased from inside the house of Raj Kumar Gupta.

18. As to the child witness, it has been submitted, it is not a rule of law but a rule of prudence that adequate corroboration may be sought, if required. 7 JAPL No. 319 of 2021 Where the testimony of the child witness is wholly truthful and such witness is wholly reliable, lack of corroboration may not be cited to discredit that prosecution story. Since the occurrence had been caused behind close doors, inside the house of the appellant Raj Kumar Gupta, it was impossible for the prosecution to lead any other direct evidence.

19. Having heard learned counsel for the parties and having perused the record, in the first place, parties were known from before, they being neighbours. There is also no reason to doubt that there may have arisen some dispute between them wherein a six year old boy i.e. the deceased may have pelted a few stones or pebbles at the glass scrap/stock of Raj Kumar Gupta, a scrap merchant.

20. During the cross-examination of the five witnesses of fact presented by the prosecution, no doubt emerged to the prosecution story as may involve existence of any other dispute between the parties. Seen in that light, the promptness of the F.I.R. - lodged within three hours of the occurrence, is established. The father of the deceased namely Buddhsen Sharma (P.W.-1) had named the accused in the F.I.R. itself. He had also narrated the manner of the occurrence wherein the deceased had been assaulted by Chanda Munna @ Badal, the brother-in-law of the co-accused Raj Kumar Gupta.

21. To the extent that disclosure is contained in the F.I.R., the prosecution story narrated through occular witnesses, finds due corroboration from the F.I.R. Yet, the F.I.R. is not an encyclopedia of the occurrence. Therefore, the fact that it does not disclose the minute details of the occurrence or the manner in which it may have been caused, may never give rise to a reasonable doubt in the prosecution story. Rather, the promptness with which F.I.R. was lodged, itself lends credibility to the prosecution story. It 8 JAPL No. 319 of 2021 may not be challenged on grounds of material improvements etc.

22. As to the occurrence, it is true that the solitary eye-witness i.e. Neetu (P.W.-3) is the elder sister of the deceased aged about 13 years. During her cross-examination she narrated the occurrence as disclosed by her during her examination-in-chief (noted above), though in some different words. Thus, she disclosed that she was playing hide-and-seek with the deceased, before the occurrence, when her mother sent her to buy shampoo and soap, for the house. However, she was not doubted either having last seen the deceased being enticed by Chanda Munna @ Badal, to the house of Raj Kumar Gupta or as to the disclosure made by her during her examination-in-chief that she found her mother crying when she came back after buying miscellaneous items (now described as shampoo and soap). The occurrence took place inside the house of Raj Kumar Gupta within a very short time of 15 minutes after the deceased was last seen with Chanda Munna @ Badal. In that state of the evidence, we are not inclined to doubt or throw out her wholly reliable deposition merely because she was 13 year old.

23. We have gone through answer responses given by that witness during her cross-examination. The nature of those answer responses given by her, as recorded by the learned court below, itself indicate that she had given wholly independent and rational responses. Being more than 12 years of age, there existed no formal requirement to put preliminary questions to her, in terms of Section 118 of the Indian Evidence Act, before her statement was recorded.

24. As to what transpired after the occurrence, four other witness of fact have been examined by the prosecution, including the father of the victim Buddhsen Sharma (P.W.-1), his mother Mamta (P.W.-2), and relative Ajay 9 JAPL No. 319 of 2021 Sharma (P.W.-6) and his wife Urmila (P.W.-7). In the nature of the occurrence disclosed, wherein a six year old boy, went missing, just outside his house, the presence of those witnesses, is wholly natural.

25. It is also not in doubt that the parties were neighbours. They knew each other from before. There is no reason to doubt the further assertion that in the past the deceased had engaged in activities - generally described as mischievous. He may have innocently pelted stones or pebbles at the glass scrap/stock of Raj Kumar Gupta, that may have irritated the said Raj Kumar Gupta and his family members.

26. In view of what Neetu (P.W.-3) disclosed - that she had seen the deceased with Chanda Munna @ Badal entice the deceased to the house of Raj Kumar Gupta, on the pretext of giving him some snacks/'Kurkure', it is a wholly natural narration in the prosecution story that therefore all the witness went in search of the deceased, to the house of Raj Kumar Gupta. Also, it is duly proven that Chanda Munna @ Badal alone was present inside the house of Raj Kumar Gupta with the deceased.

27. While the occurrence may have taken place on 11:15 a.m., the F.I.R. was lodged almost within three hours at 01:45 p.m. During that time, the deceased first recovered the injured Vikat Sharma, from inside the house of Raj Kumar Gupta and carried him to the Project Hospital, Anpara in the hope of treatment. There, he was declared dead, whereafter the F.I.R. was lodged. In absence of any doubt to the facts that upon recovery the injured Vikat Sharma was carried to the hospital, there is absolutely no reason to admit any doubt in the prosecution story as delayed.

28. Further, there is no reason to doubt the prosecution narration that all three appellants obstructed efforts made by the father of the deceased and his 10 JAPL No. 319 of 2021 relatives and persons of the locality, to enter their house, on the information furnished by Neetu (P.W.-3).

29. As to the actual occurrence, we find - Neetu (P.W.-3) is a wholly reliable witness. She narrated, Chanda Munna @ Badal had taken the deceased inside the house of the Raj Kumar Gupta, on the pretext of offering him some snacks/‘Kurkure’. In that, she neither narrated that the other accused Raj Kumar Gupta and his wife Dukhani @ Rekha participated in that occurrence nor she made any other allegation to establish the presence of those two accused, inside that house. She only recognized Chanda Munna @ Badal as the accused, who caused that occurrence.

30. Then, Buddhsen (P.W.-1) who is the father of the deceased offered similar proof of the manner of the occurrence. Mamta (P.W.-2) who is the mother of the deceased, proved that at the time of recovery of the dead body of the deceased, the appellants Raj Kumar Gupta and Dukhani @ Rekha were present outside their house alongwith Chanda Munna @ Badal. Insofar as the wholly reliable witness Neetu (P.W.-3) is concerned, she proved, when she entered the house of Raj Kumar Gupta, she found Chanda Munna @ Badal was lying next to the deceased, who was unconscious. In that, she did not place the other co-accused inside the house. Ajay Sharma (P.W.-6) and Urmila (P.W.-7) also did not prove anything other or further - with respect to above noted facts. The inconsistency in the prosecution story as to the presence of Chanda Munna @ Badal at the time of discovery of the injured Vikat Sharma, is minor and not of major consequence.

31. Clearly, the prosecution succeeded in proving that Chanda Munna@ Badal enticed the deceased to the house of Raj Kumar Gupta. He took him inside that house. The prosecution has further succeeded to establish, beyond 11 JAPL No. 319 of 2021 reasonable doubt, on gaining knowledge of that fact, his parents and others gathered outside the house of Raj Kumar Gupta that was locked from outside. It also emerges from the proven prosecution story, by that time, the appellants Raj Kumar Gupta and his wife Dukhani @ Rekha were standing guard to prevent anyone to enter their house. As to the presence of Chanda Munna @ Badal at that time, no doubt may exist. The wholly reliable witness Neetu (P.W.-3) narrated that Chanda Munna @ Badal was lying next to the deceased who was unconscious. To the extent, the prosecution successfully established that the deceased was confined inside the house of Raj Kumar Gupta by Chanda Munna @ Badal around 11:15 a.m. where he was throttled and further, to the extent that occurrence was caused behind closed doors, the prosecution was disabled from leading any other positive evidence based on ocular account - to establish the same. Further, the occurrence was caused with bare hands on a child not more than six years of age. Therefore, the issue of no recovery of any weapon etc., is irrelevant. No reasonable doubt arises on that count.

32. To the extent, the medical evidence wholly corroborates the occurrence as narrated by the prosecution, we find no reason to doubt that the occurrence was caused by Chanda Munna @ Badal, inside the house of his brother-in-law (Jija) Raj Kumar Gupta. In face of such evidence and proof, the issue of motive may remain largely extraneous and, in any case, irrelevant to test the direct prosecution evidence, on the test of reasonable doubt. The ingredients of the offence under Section 302 I.P.C., stood established against the Chanda Munna @ Badal.

33. To the extent, no other evidence has arisen against Raj Kumar Gupta & Dukhani @ Rekha, to kill a six year old infant, as discussed above, a reasonable doubt does exist to convict those appellants, for that offence as 12 JAPL No. 319 of 2021 their presence inside their house where the occurrence was caused is not established. For that reason, their conviction under Section 302 I.P.C. read with Section 34 I.P.C., may not be sustained.

34. However, offence under Section 201 I.P.C. is wholly made out against all three accused. That conviction is upheld.

35. Accordingly, sentence of the appellant Chanda Munna @ Badal is maintained with right of remission, when due. Insofar as the appellants Raj Kumar Gupta and Dukhani @ Rekha are concerned, considering the offence under Section 302 I.P.C. is punishable to capital punishment, applying Section 201 I.P.C. Part - I, they are sentenced for seven years together with fine Rs. 50,000/- each, to be paid to the victim i.e. father of the deceased Buddhsen Sharma (P.W.-1), with default sentence three months.

36. Accordingly, the jail appeal filed on behalf of the appellant - Chanda Munna @ Badal is dismissed and the jail appeals filed on behalf of the appellants - Raj Kumar Gupta and Dukhani @ Rekha are partly allowed as above. September 10, 2025 Abhilash/Salman/Prakhar (Tej Pratap Tiwari,J.) (Saumitra Dayal Singh,J.) ABHILASH SINGH High Court of Judicature at Allahabad