- (1.) THIS criminal appeal under Section 374 Cr.P.C. has been preferred from jail by Sangam Lal who has been convicted by Sri Liyakat Ali, Additional District & Sessions Judge/FTC-III, Faizabad in Session Trial No. 846 of 1999 (Case Crime No. 478/1999), State v. Sangam Lal, under Sections 302/34 and 201 I.P.C. and sentenced the life imprisonment and Rs. 4,000.00 as fine under Section 302/34 I.P.C. and three years R.I. under Section 201 I.P.C. with fine of Rs. 1000.00. In default of payment of fine, additional imprisonment of two months was also ordered. Appeal was heard and allowed on 4.7.2012. Now reasons for allowing the appeal are being given by the Court.
(2.) FACTS necessary for disposal of the appeal are that one Ashokmati, daughter of deceased Shyam Lal gave an application before the Incharge Police Station Rudauli, district Faizabad on 21.9.1999 stating that her father Shyam Lal had gone on 12.9.1999 at 10.00 A.M. along with Gurdayal and Sangam Lal. He did not return since then, as such he be traced. A skeleton was recovered on 22.9.1999, consequently, a case was registered in Case Crime No. 478/1999, under Sections 302 and 201 I.P.C. Inquest was conducted on 22.9.1999 at about 3.00 P.M. According to the inquest report, Shyam Lal was murdered by severing his head from the body. The post- mortem was conducted on 23.9.1999. Doctor opined that bones are of male human and no ante-mortem injury was found. Cause of death could not be ascertained, hence skeleton was preserved and sent to experts for medico legal opinion. Site map was prepared on 22.9.1999 which shows that skeleton and remaining articles were found in the field of Gaya Prasad. After investigation, charge-sheet was submitted against Sangam Lal and Ram Roop under Sections 302/201 I.P.C. Thereupon cognizance was taken by Chief Judicial Magistrate on 27.11.1999. The case was committed on 21.12.1999. Charge was framed against Sangam Lal and Ram Roop under Sections 302/34 and 201 I.P.C. Accused persons pleaded not guilty and claimed trial. Prosecution proved sixteen documents. Ext. Ka-1 is the application given by Ashok Mati, Ext. Ka-2, Ext. Ka-3 and Ext. Ka-4 are recovery memos, Ext. Ka-5 is post-mortem report, Ext. Ka-6 is Panchayatnama, Ext.Ka-8 is sample of seal, Ext. Ka- 15 is the site map. Ext. Ka-16 is charge. Report of the Joint Director of Forensic Science Laboratory, Lucknow is dated 3.5.2000 from which it appears that clothes, shoes, bloodstained earth contained blood which was disintegrated. Prosecution examined Ashok Mati d/o deceased as P.W.1, Smt. Krishna Devi w/o Ram Sonkar, sister of Ashok Mati as P.W.2, Girdhari, P.W. 3 witness of recovery memo, P.W.4 Mohd. Younus, P.W.5 Tahir for proving the recovery of skeleton, P.W.6 Basant Lal for proving extra-judicial confession and P.W.7 Gurdayal who had accompanied the deceased Sangam Lal. Constable Badri Prasad Tripathi (P.W.8) is the formal witness, P.W.9 Dr. Chandra Shekhar Singh conducted post-mortem, P.W.10 is sub-inspector Jabrul Hasan a formal witness and Brij Bhushan Tripathi, Investigating Officer is P.W.11, who proved the investigation. In the statement given under Section 313 Cr.P.C. Sangam Lal stated that he had enmity with the brother Ram Singh, that is why, he has been implicated.
(3.) ACCUSED Ram Roop died during trial as such it proceeded only against Sangam Lal who was convicted and sentenced by the court below vide judgment and order dated 17.3.2004 as above. We have heard Sri A.M. Shukla, Amicus Curaie and Sri Rishad Murtaza, learned Government Advocate and perused the record. It is a case of circumstantial evidence. Before adverting to the contentions made by the learned counsel, it would be useful to discuss the evidence produced by the prosecution.;