Kundan Singh, J. - (1.) This appeal has been preferred against judgment and order dated 26.6.1981 passed by Sri N.S. Gupta, the then Vth Additional Sessions Judge, Agra, whereby the appellant has been convicted and sentenced to undergo imprisonment for life under Section 302 I.P.C. in Sessions Trial No. 628 of 1980.
(2.) Prosecution case, in brief, was that on 17.8.1980 at 9.00 a.m. one person got a double bed room (No. 207) booked in Jaiwal Hotel, Agra, disclosing his name as A.K. Sharma, resident of Benzi Gali, Delhi. After putting his luggage in the room, he went out side and returned after an hour with another person named as D.K. Sharma. Both of them, stayed in that room in the night and they took food and wine till 12.00 in the night. Narain waiter served the food, wine etc. On 18.8.1980 at about 6.00 a.m., one of them demanded two cups of tea. Irfan waiter served the tea which was brought from outside. At about 8.00 a.m. A.K. Sharma came to the counter along with his luggage and he paid the bill. He informed the Receptionist that his companion was sleeping and he will go by 11.00 a.m. At about 11.00 a.m. the room was opened by Iqbal and Irfan for cleaning the room and they found a person lying up side down in the bath room tub who informed about it to Gopal Narain, the informant. He found some injuries on his person and he appeared to be dead. The person who personated himself as A.K. Sharma had taken away the key of the outer room. The informant suspected the hand of A.K.Sharma in commission of the murder of his companion. He also detected blood on the bed. A.K. Sharma went to taxi stand on the rickshaw of one Ramji Lal. A F.I.R. was lodged at the police station Sadar Bazar, Agra, at 11.00 a.m. on 18.8.1980 by Gopal Narain, one of the partners of the Hotel.
(3.) Shiv Shankar Lal Shukla, S.O. (P.W. 11) investigated the case and inspected the spot. He found a dead body of a male person lying in the tub of the bathroom facing towards the ground in Room No. 207 of the first storey of Jaiwal Hotel Agra. The photographs were taken of the spot and the dead body. The inquest report was prepared and the dead body was sent to Mortuary for postmortem examination. After completing the spot inspection he prepared a site plan. He also recovered one hair and prepared its recovery memo. He also recovered the blood stains from the floor and took into possession the bed sheet, pillow and other articles which were blood stained of which recovery memos were also prepared. He also recovered other articles such as a bottle of wine and a quarter of Boney Scot make, lead of tape recorder and one pair of shoes. On 19.8. 1980 the Investigating Officer recorded the statements of Raju Porter, Amar Singh Receptionist, Alwis Rijorio Telephone Operator, Ramji Lal rickshaw puller, tempo driver and taxi driver. Copies of the photographs of the dead body were sent to Police Commissioner, Delhi, Police Commissioner Bombay, S.S.P. Lucknow, S.S.P. Gwalior, S.S.P. (CBI) Lucknow and also to Editors of different Newspapers. The photo of the deceased was also published in the Newspaper for identify of that person. On 2.9.1980 Smt. Kusum Dubey came to the police station in the company of her younger to Manoj Dubey and handed over a letter dated 1.9.1980 which was endorsed by S.S.P. Gwalior. ALLAHABAD HIGH COURT Page 3 of 5 The photo of the deceased was shown to Smt. Kusum Dubey which was identified by her and her son Manoj Dubey and they told that it was the photo of Alok Dubey, who was son of Smt. Kusum Dubey. When the features of the accused were disclosed to Smt. Kusum Dubey she told that the person having that feature tallied to a Doctor who happened to be a friend of Alok Dubey and that Doctor was living in Mohalla Murar of Gwalior City. The 1.0. accompanied Smt. Kusum Dubey and reached Gwalior and sought help of the police at Gwalior. He also recorded the statement of Smt. Kusum Dubey and searched for the accused and returned to Agra with him where he was interrogated about the crime. Firstly he refused to disclose anything. Thereafter he disclosed his complicity in the crime. The Investigating Officer took the specimen handwriting of the accused in the presence of Shobha Ram and Kundan Lal at the police station. The entry made in the hotel Register by the accused was sent along with the specimen handwriting of the accused for comparison to the handwriting expert. The accused was made baparda and was lodged in the police lockup on 3.9.1980 at 4.35 p.m. Thereafter the accused was sent to jail baparada. The appellant was put up for identification and he was identified by Amar Singh (P.W. 2), Irfan (P.W. 3), Narain (P.W. 8) and Raju (P.W. 6) in the test identification parade held on 10.9.1980 by P.W. 5 A.P. Srivastava.;