- (1.) H. C. Mittal and G. D. Dube, JJ. Appellants Satya Veer son of Ajab Singh, Bharat Veer and another Satya Veer son of Shyam Singh have been convicted and sentenced to undergo imprisonment for life under Section 302/34, I. P. C. and to three years R. I. under Section 201, I. P. C. by special Judge/additional Sessions Judge, Muzaffarnagar. Aggrieved by this order, the present Appeal has been filed.
(2.) IT is note-worthy that according to their statements under Section 313, Cr. P. C. on 1. 5. 85, appellant Satya Veer son of Shyam Singh was eighteen years, appellant Bharat Veer was sixteen years and the other appellant Satya Veer son of Ajab Singh was sixteen years and eleven months of age. These ages given by the appellants have not been challenged by the prosecution nor the lower Court had made any observation to the con trary that the age given by the three appellants wins incorrect. In this way, on the date of occurrence i. e. 16. 2. 1983, all the three appellants were admittedly below sixteen years. That case against the appellants is based on circumstantial evidence. On 5. 3. 1983, Radhey Lal, father of Sheo Kumar (deceased) aged eighteen years, had lodged the report at police station Bhaura Kalan, district Muzaffarnagar, stating that his aforesaid son Sheo Kumar had gone to Vaish College, Shamli at about 9. 30 a. m. on 16. 2. 1983. He did not return in the evening. Radhey Lal had made enquiries from the co-students. Kiratpal and Yashpal, students of the aforesaid college had informed that they had seen Sheo Kumar in the college at about 11. 30 a. m. He had searched his son at several places and also in the houses of his relative, but was not traceable. On 5th March, 1983, Raghubir Singh, Veer Sen Sukkha and Sheo Kumar went to search Sheo Kumar, also with Radhey Lal. Radhey Lal returned back to his homo, but the other four continued their search. They returned after some time and informed that they had noticed a gunny bag in Krishna River. The reporter suspected that this bag may not contain the dead body of his son. After receipt of this information, a report Ext. Ka 1 was lodged by Radhey Lal at Police Station Bhaura Kalan district Muzaffarnagar. Sub-Inspector B. S. Yadav (P. W. 13) proceeded to the River where the dead body of Sheo Kumar was allegedly lying. The bag was taken out. After opening the bag a decomposed body was recovered. Radhey Lal had recognised this dead body to be that of Sheo Kumar. Sub Inspector, B. S. Yadav, had prepared the inquest report and sent the dead body in a sealed cover to the mortuary for post mortem. Dr. V. K. Misra (P. W. 7) had conducted the post mortem. He found that the deceased was about eighteen years of age. He had died about three weeks back. The body was distented. The doctor had stated that the features of the dead body had distorted. The hair of head had fallen and some had become loose. The skin of the body was not in its original colour. The right hand, the upper arm and fore-arm were missing. The doctor had found the following ante-mortem injuries on his person: 1. Incised wound 2. 5 cm x 1. cm x muscles on left hip spindle shaped. Margins clean cut and sharp. 2. I. W. 2 1/2 cm x 1 1/2 cm x chest on the back of chest left side 6 cm. below inferior angle of the scapula. Spindle shaped. Margins sharp and clean cut obliquely. 3. Incised wound 2 cm x 1 cm x chest on the left side back 8 cm below Injury No. 3 at 5 O'clock position. Margins clean cut. Spindle shaped obliquely. 4. Incised wound 2 cm x 1 1/2 cm neck tissue deep in the root of neck right side. Spindle shaped margin sharp and clean cut obliquely.
(3.) INCISED wound 2 cm x 1 cm x muscle on the face right side 2 cm. below the right eye. Spindle shaped clean cut margins obliquely. 5. Further investigations were conducted by B. S. Yadav (PW. 13 ). He had arrested Sastya Veer son of Ajab Singh on 9. 5. 83 from the house of his maternal grand-father Moosa. During investigation, he promised to hand over the weapons and the other materials relating to this offence. Conse quently, this Satya Veer along with Police Officer and witnesses went to the sugar cane field of Om Prakash son of Kabool Jat in village Jungle Cram Senta and brought out a knife, a pair of Chappal and a torn piece of red colour shirt and hair of the head. The chappal and pieces of shirt were shown to Radhey Lal who identified those to be that of his son. After 9th March, 1983, the case had been transferred to Police Station Shamli where it was registered. Subhash Chandra Garg (P. W. 11) had investigated the case from 19th March, 1983 onwards. After recording the statements of the witnesses and sending the materials relation to this occurrence to the Chemical Examiner, he had submitted charge sheet against the appellants.;