Amar Saran, J. - (1.) THIS criminal appeal arises from the judgment and order of the IVth Additional Sessions Judge, Muzaffar Nagar dated 30.4.1982 convicting and sentencing the appellant Kali Ram to imprisonment for life under Section 302 read with Section 34, I.P.C. and three years' R.I. under Section 201 read with Section 34, I.P.C. Two co-accused Kohar Singh and Ram Singh have been acquitted of their charges under Section 302/34, I.P.C. read with Section 201/34, I.P.C. by the same judgment.
(2.) WE have heard Sri Vinay Saran, learned amicus curiae for the appellant and the learned A.G.A. and perused the judgment and record. Briefly, the prosecution case was that on 18.11.1978 at about 5 p.m. the deceased Babu went alongwith P.W. 2 Mahendra his brother, Chetan, C.W. 1 Dhuli, the appellant Kali Ram and accused Ram Singh (who has been acquitted) to the jungle on a bullock cart belonging to Chetan. At about 8 p.m., Mahendra, Chetan, Dhuli and Ram Singh returned, but Babu and Kali Ram were not in the group. The informant Bhagwana then made a search for him in the direction of the "khaddar", but he was not traceable. However, as the shoes and towel of the deceased were found, hence a suspicion was expressed in the F.I.R. by the informant Bhagwana that Kali Ram was responsible for the disappearance of Babu Ram. The informant Bhagwana lodged a gumshudagi report (Ext. Ka-1) of this incident on 19.11.1978 at 6.05 p.m. at P. S. Meerapur. At that time P.W. 6 Constable Clerk Prakash Chandra was present, who entered the report at G.D. No. 26 (Ext. Ka-4). The Investigating Officer (P.W. 11) S.I.D.S. Tyagi proceeded to trace Babu Ram on 20.11.1978. He was then informed that the dead body of Babu Ram had been recovered. He conducted the inquest (Ext. Ka-2) and prepared other papers for sending the body for post mortem after sealing it through P.W. 10 C. P. Balbir Singh and Constable Sohanbir Singh. He also inspected the site and prepared the site plan (Ext. Ka-12) and recorded the statement of Bhagwana and inquest witnesses on 22.11.1978. After the case was changed to one under Section 302/201, I.P.C. then S. O. Ram Singh took over and conducted the investigation.
(3.) THE autopsy of the deceased was conducted on 21.11.1978 at 1 p.m. by P.W. 5 Dr. D. C. Mobar, who mentions the following ante mortem injuries on the person of the deceased : (1) Abrasion 1" x 1/4" on left side check bone not opened. (2) Abrasions in an area 6" x 1-1/2" on front of neck extending on either side. Size varying from 1-1/2" x 1" to 1/2" x 1/4". THE abrasions are interrupted. THEre is congestion of the tissues under the injuries. According to the doctor, there was no rigor mortis and blood mixed water was oozing out from the nostrils. There was no decomposition. Dried earth was found on the body. Eyes and mouth were closed. Conjunctiva was deeply congested. There was fracture of hyoid bone on the right side. According to doctor, the cause of death was strangulation, which might have occurred in the night of 18.11.1978. The time since death was about 2 days.;