- (1.) This is an appeal against the judgment of 6th Additional Sessions Judge, Meerut, (Shri Rati Ram, M.J.S.) Who has sentenced the Appellant to imprisonment for life under Sections 302/34, I.P.C. The prosecution case is in brief that on 8th March, 1983 a dead body was found near Hotel of Lakshman Das P.W.4 who reported the matter to the police and the case was registered. From investigation the identity of the deceased was established and it was found that it was Vishnu Rastogi Meerut. The investigation further revealed that on 7.3.1983 deceased Vishnu, his brother Mahesh and his sons Raju, Manoj and Bobby were present in the house when accused Deep Chand accompanied by Rampal and Kalwa came there at about 4.00 p.m., and after taking Vishnu for sometime they took him from the market. Manoj and Bobby followed their father but accused Kalwa gave them one rupee each and asked them to come back. They were also told that their father Vishnu will come back in the evening. Vishnu did not return home in the night. Next day the family members searched for him and they were told by Sushil Kumar, (P.W. 8) that the deceased was in the company of Kalwa, Deep Chand and Ram Pal and the deceased left with Kalwa in a rickshaw which was followed by another rickshaw, in which Deep Chand and Ram Pal were sitting. Mahesh, the brother of deceased Vishnu, gave information to the police and on that basis the police went after Deep Chand, Ram Pal and Kalwa but they were absconding and therefore, a charge-sheet filed against all the three in which they were shown as absconders. After sometime accused Deep Chand was arrested in connection with some other case and in this way, he was committed to Sessions and after trial the learned Additional Sessions Judge 6th, convicted and sentenced the accused on 26.6.1987. Being aggrieved against the sentence Deep Chand has filed this appeal from Jail.
(2.) Shri A.N. Mulla was appointed amicus-curie and Shri V.S. Mishra has appeared for the State. We have heard the learned Counsel for the Appellant and the learned A.S.A and have gone through the record.
(3.) There can be no dispute about the fact that the death of Vishnu was homicidal in nature. His dead body was found on 8th March, 1983 with a head injury. The dead body was found by Lakshman Das, (P.W. 4) who reported the matter to the police and the post-mortem examination on the dead body of Vishnu was conducted by Dr. P.N. Khanna. Dr. Khanna has stated that there was ante mortem incised wound 9 x1 cm. x bone deep on the middle of the head 7 cm. above the right ear. On Internal examination, Dr. Khanna found the fracture of parietal as well as left temporal bone of the skull. According to Dr. Khanna the death of Vishnu was a result of direct head injury. It is further stated by Dr. Khanna that the injury was sufficient to cause death. Therefore, it is fully proved that the death of Vishnu was homicidal.;