- (1.) BY order dated December 9, 2011 passed by this Court, the Sessions Judge, Jhansi was directed to hold an inquiry about the identity of the person who was murdered on August 2, 2000 concerning FIR No. 135 of 2000 and as to whether Bhagwan Das s/o Narain Das who was issued Identity Card No. UP/61/330/765174 by the Election Commission of India and is stated to be alive is the person for whose alleged death, the petitioners namely; (1) Dal Chand s/o Halkai, (2) Mohan s/o Kalkai, and (3) Rameshwar s/o Mohan were tried pursuant to the complaint lodged by Dhani Ram s/o Bhagwan Das in Sessions Trial No. 444 of 2000 arising out of F.I.R. No. 135 of 2000 and Crime No. 204 of 2000.
(2.) THE above exercise became necessary as the above petitioners, who have been convicted by the Sessions Judge, Jhansi under Section 302 of Indian Penal Code, 1860 (IPC) for the murder of Bhagwan Das and sentenced to suffer life imprisonment and whose conviction has been confirmed in appeal by the High Court and against their conviction, the above Special Leave Petition is pending, took up the plea before this Court that Bhagwan Das, who was allegedly murdered, was still alive. Having regard to the prima facie material placed before this Court, by an earlier order dated November 4, 2011, this Court directed the release of the petitioners on bail on their furnishing personal bond of Rs. 10,000/- each with two sureties of the like amount to the satisfaction of the Trial Court.
(3.) IN compliance of this Court 's order dated December 9, 2011, the Sessions Judge, Jhansi held an inquiry and he has sent his report. In his report, the Sessions Judge has stated that one Narain Das had two wives. Bhagwan Prasad @ Bhagwan Das was born from the first wife of Narain Das. Bhagwan Prasad @ Bhagwan Das used to reside in Mohalla Belai, Town and Police Station Mauranipur, District Jhansi and for the murder of that person, accused -petitioners have been convicted.;