Imtiyaz Murtaza, J. - (1.) -These appeals have been filed against the judgment and order dated 17.10.2006 passed in S.T. No. 355 of 2004 by Additional Sessions Judge, Court No. IX, Moradabad, whereby the appellants have been convicted under Section 302/34, I.P.C. and sentenced to death and further pay a fine of Rs. 5,000 and in default of payment of fine two year's further R.I. They are further convicted under Section 201, I.P.C. and sentenced to R.I. for 7 years and fine of Rs. 2,000 and in default of payment of fine one year's further R.I.
(2.) REFERENCE is for confirmation of the death sentence of the appellants. The incident, which gave rise to these appeals, is that Veer Singh aged about 11 years son of the informant Ram Ratan was missing from 4 p.m. on 19.1.2004. He searched for him at various places but he could not be found. On 5.2.2004 a panchayat was held in the village to find out whereabouts of his son and some persons had also informed him that his neighbour Ram Prasad, Shyam Sunder and Harbhajan sacrificed the child in order to appease the deity. In the panchayat they were questioned and confessed that they have committed the murder and the dead body was kept on the roof of a small mud room in the house of Shyam Sunder. They alongwith these three persons came to the house of Shyam Sunder and saw that the dead body of Veer Singh was lying on the roof of the said small room. Ram Prasad and Shyam Sunder were brought to the police station and the third accused escaped while they were on their way to the police station. Pati Ram, Murari Lal, Mohd. Ahmad, Kalloo and Hukum Singh are witnesses of the confession and recovery of the dead body. A first information report was registered on 5.2.2004 at the police station. After registration of the report Girish Prasad Raj, S.I. commenced the investigation. He reached at the place of occurrence and instructed S.I. Dal Chand to prepare the inquest memo, which is Ext. Ka-3. He also prepared photo lash, challan lash, letter to R.I., letter to C.M.O. and sample seal, which are Exts. Ka-5 to 9. He also recorded the statements of Jameel Ahmad, Habib Ahmad and Het Singh and also recorded the statement of the informant. He prepared the site plan on the instruction of the informant, which is Ext. Ka-10. On 9.2.2004, he recorded the statements of Mohd. Ahmad, Kalloo and Hukum Singh. After the conclusion of the investigation, he submitted charge-sheet against the accused persons, which is Ext. Ka-1.
(3.) THE post mortem on the dead body of Veer Singh was conducted by Dr. Surendra Singh on 6.2.2004 at 3 p.m. THE probable time since death was about 3 days. In the external examination he noted the dead body was of average built and average muscularity. Rigor mortis absent from upper and lower extremity, foul smell present, skin bullar present, garnish discoloration on abdomen and chest present. Abdomen and scrotum and penis distended. Maggots present. Scalp of forehead and parietal region not present exposing frontal and parietal bone. Right ear and muscle and skin of face not present appear to be destroyed (eaten) by maggots, some insect or gowned by some animal. Eye in both socket not present. Scalp hair are loose and easily detachable. Nail of finger and toe is detachable. The doctor could not find any mark of ante-mortem injury. He noted following post mortem injuries : 1. Incised wound from right angle of mandible to medial and of right clavicle and incised wound from medial end of right clavicle to left auricular region vessels of both side of neck, muscle underneath of front of neck, Nect part of oesophagus, trachea and larynx not present. Hence floor of oral cavity absent. 2. Circular incised wound just below left knee 16 cm. in measurement muscle of leg not present exposing both tibia-fibula bones left foot partially eaten by some animal. 3.Circular incised wound on right leg 6 cm. below knee 14 cm. in length muscle of leg of distal part not present exposing tibia-fibula. 4.Left hands distal phalynx of thumb and middle finger eaten by some animal. ;