- (1.) D. K. Trivedi, J. The present Criminal Appeal is directed against the judgment and order dated 24-4-1979 passed by the 1st Additional Sessions Judge, Sitapur, convicting the appellant u/s. 302 IPC, and sentencing him to Imprisonment for Life in connection with an incident which is alleged to have taken place in the night between 9/10-6-1977 in village Radauli Police Station Maholi District Sitapur.
(2.) THE prosecution case, in brief, is that P. W. 1 Hiralal went to his Kothari at about 5 O'clock in the morning and there he saw that the deceased was lying with Razai covered on his face. He called him but when he found no reply then he removed the Razai and found that Govardhan was dead and a piece of cloth had been found tied all around his neck. After sending information about the death of Govardhan P. W. 1 Hiralal went to the Police Station and lodged the report Ext. Ka-1 at 7. 35 AM. THE dis tance of the Police Station from the place of the incident is three miles. In the First Infor mation Report it is said that the com plainant had a suspicion that appellant Ram Charan had killed the deceased with the help of two other accused persons namely Piarey and Kaushal who have been ac quitted by the learned Additional Sessions Judge. FIR was lodged in the presence of P. WT9 Inspector Shyam Singh who immedi ately proceeded to the place of the incident and recorded the statement of Hiralal and other witnesses. He also prepared inquest report an other relevant papers Ext. Ka-7 to Ka-12 and sent the dead body to mortuary for post mortem examination. He also recovered the blood stained Razai, Batua and Angauchha and sealed the same and prepared the recovery memo. He arrested appellant Ram Charan on 15-6-1977 at about 4. 00 A. M. and on his interrogation Ram Charan informed the Investigating Of ficer that he had concealed the Tabeez and Batua of the deceased in his Kothri. On his disclosure the Investigating Officer called the witnesses and thereafter recovered the Batua and Tabeez from the room of the appellant on his pointing out. THE inves tigation was thereafter handed over to In spector Shyam Raj P. W. 3 who submitted charge- sheet in this case. The post mortem examination on the dead body of the deceased was con ducted by Dr. K. K. Misra P. W. 7 on 11-6-1977 at about 3. 00 P. M. The Doctor has mentioned in his post mortem report Ext Ka-4 that the death was caused due to as phyxia as a result of strangulation. The Doc tor found multiple abrasions in the anterior side of the neck. The prosecution, in support of its case examined nine witnesses in all P. W. 1 Hiralal is the complainant. P. W. 2 Babulal brought the dead body of the deceased from the Police Station to the mortuary for post mortem examination. P. W. 3 Inspector Shyam Raj is the second Investigating Of ficer who submitted charge-sheet in this case. P. W. 4 Raghubar Dayalis the witness of recovery of the Tabeez and Batua from the house of the appellant on his pointing out. P. W. 5 Smt. Balli is the mother of the appel lant and she proved the motive as well as the fact that in the previous night, she saw that Ram Charan was returning home late in the night P. W. 6 Babu Ram is the Thekadar who brought similar articles for identification of labeez. P. W. 7 Dr. K. K. Misra conducted post mortem examination on the dead body of the deceased and proved the post mortem report Ext. Ka-4. P. W. 8 Bhagwan Saran is the Malkhana Moharrir who proved entries of Malkhana etc. P. W. 9 Inspector Shyam Singh P. W. 9 conducted the main investiga tion in this case.
(3.) ON the. other hand the accused denied the prosecution case and stated that they have been falsely implicated in this case. The learned Additional Sessions Judge, after considering the circumstantial evidence came to the conclusion that the prosecution has successfully proved the guilt of the appellant and, therefore, he con victed and sentenced the appellants as men tioned above. Two other accused namely Piarey and Kaushal were however acquitted.;