- (1.) J. D. Dubey, J. This appeal has been preferred against the judgment and order of Fourth Additional Sessions Judge, Pilibhit convicting and sentencing the appellant to undergo imprisonment for life under Section 302 I. P. C.
(2.) THE prosecution case, in brief, was that Asey Ram, father if the appellant, was married with the daughter of Gendan Lal, resident of Aliganj, Police Station Kotwali, District Pilibhit, appellant Sunder was born out of this wed-lock. Gendan Lal had no son. He owned about twenty six bighas of land and a house which was given to his son-in-law Asey Ram. Consequently Asey Ram was residing at Aliganj. After the death of tie daughter of Gendan Lal, Asey Ram married with another girl Ketki, daughter of Hori Lal. THEreafter, Asey Ram started residing in the house of Hori Lal at Misrain Gauntia. It was alleged that, due to these reasons, an enmity had developed between Sunder and his father Asey Ram. Hori Lal had asked his son-in-law Asey Ram to reside at his house after leaving Aliganj. It has been alleged by the prosecution that appellant Sunder. and Hori's cousin Ishwari came to the house of Hori Lal and took Asey Ram on the pretext of settling Gauna i. e. second marria. je of Sunder. Ishwari there after returned alone. Hori Lal had enquired about the whereabout of Asey Ram. Ishwari then informed Hori Lal that he had stayed at Pirhaura and the others had proceeded further. After this information, Hori Lal had searched, but he was no traceable. Consequently he had lodged a first information report (Ext. Ka 1) at police station Kotwali on 29th December, 1981. On 31st December, 1981, one Makhan Lal, Hulasi, Goverdhan and Sewa Ram came to police station Kotwali and informed that the dead body of an unknown person is lying in village Khappraii gauntia.
(3.) AFTER the dead body was taken out from a well, the inquest report has been prepared by Rahtu Singh (P. W. 6) by that time, the identity of the dead body had not been establi shed. Hence it was sent to the mortuary for post mortem as the dead body of an unknown person. The post mortem had been conducted by Dr. A. K. Srivastava (P. W. 7) at 3. 00 p. m. on 30th December, 1981, showing the dead body as that of an unknown person. The doctor had found that the deceased had died as result of drowning. Both the lungs had become distended and baloon shaped. They were also congested. The doctor had opined that the deceased had died about four days before the date and time of post mortem.;