- (1.) V. P. Mathur, J. Two persons, namely the present appellant and one Lala Ram son of Jhunni Jatava, faced their trial before Sri Ramji Lal, the then III Additional Sessions Judge, Etah in S. T. No. 534 of 1977 on the charges under Sections 364, 30. 6/34 and 201, I. P. C. The learned Sessions, Judge by his order dated 1-9-75 acquitted Lala Ram giving him benefit of doubt both on the charges under Sections 302 and 201, I. P. C. but convicted Netram for the commission of the offences under Sections 304, 302 and 201, I. P. C. and sentenced him to imprisonment for life under Section 364 I. P. C. , imprisonment for life under Section 302 I. P. C. and rigorous imprisonment for five years under Section 201 I. P. C. There is nothing in the judgment that even these sentences were made concurrent. The judgment also shows that conviction and sentences were for the offences under Sections 364 and 3u2 and 201 I. P. C. simpliciter each and not with the help of Section 34, I. P. C.
(2.) IT was a case based upon circumstantial evidence. An F. I. R. in the nature of a written complaint to the Superintendent of Police, Etah was despatched on 29-7-76 by Prabhu Dayal (P. W. 2 ). IT mentions that his brother Bhagwan Das alias Bhagwant was taken away from his house on 23-7-76 at 10 a. m. by Netram and Kehri on the pretext that they would show him the girl with whom his marriage was likely to take place. They intended to take him to village Ajit Nagar. Bhagwan Das did not return thereafter. On 25-7- 76 when Netram returned back to village Nagla Nain Sukh which is at a distance of four furlongs from Nagla Raipur where the first informant resides, the first infor mant approached him and made inquiry about the where about of his brother. He was told that Bhagwandas had gone to some of his relatives. On 26-7-76, according to the F. I. R. , Khushali, brother of Netram came to the firt informant and told that Bhagwan Dass has been arrested by the police of Sidh Pura. On this information the first informant Prabhu Dayal alongwith the witness Dhan Singh (P. W. 1) and Ram Swarup proceed for Sidhpura. They learnt there that no person of the name of Bhagwan Das was arrested by the police of Sidhpura. They felt suspicious and then they went to Ajit Nagar. They were told there that Bhagwan Das, Netram, Lala Ram of Kehari never visited Ajit Nagar during this period. Upon this, Prabhu Dayal went to police station Gunj Dundwara, district Etah to lodge a report but it was not taken down. On 28-7-76 he learnt from one Ram Chandra of Sirsol that a dead body was found floating in a well within the Police Station Patiali area. Therefore, he along with other persons of his village proceeded to police station, Patiali. In the way he learnt that the deadbody that was recovered within the police station Patiali area had already been sent to Etah for postmortem examination and, therefore, the entire party came to Etah where at the time of postmortem examination, the deadbody of Bhagwan Das was recognised by Prabhu Dayal and others merely on the basis of an engraving on the right fore-arm and on the basis of the Baniyan and underwear that were found on the deadbody. After geting assured that Bhagwan Das had been murdered on 29-7-76 Prabhu Dayal sent a written report Ext. Ka. to the Senior Superintendent of Police, Etah and on its basis at 5. 00 p m. on 1-8-76 the case was registered in the general diary of the police at the police station Patiali. Investigation was made and the case was ultimately committed to the court of Sessions. Postmortem examination on the deadbody was made on 29-1-78 in the mortuary at Etah at 11. 30a. m. by Dr. R. S. Gupta (P. W. 4 ). The Doctor was of the opinion that the death had taken place about 6 days earlier which will refer back to 23-7-76. The post-mortem examination report mentions the following ante mortem injuries ; (1) Lacerated wound 5 cm. x2 cm. X bone deep on right side head 10 cm. from right eye brow 10 cm. from right ear. (2) Lacerated wound 10 cm. x 9 cm. on left side head 9 cm. from the left ear directed towards inner ear. (3) Lacerated wound 5 cm. x 2 cm. on right occipital region. All the wounds were bone deep. Left temporaperital bone had depressed fracture and there were linear fractures on right side occipital and parietal bones. There was putrefaction and hence membrance was blocked and the brain was liquified. The base of the teeth was loose and the under-wear and Baniyan were removed from the deadbody and handed over in the seald cover to the police personnel. In the opinion of the Doctor the death was due to coma which has been caused by the injuries on the head and the body was submerged in water after death. Netram's contention was that he had been falsely implicated in this case due to village politics and enmity with the witnesses.
(3.) DHAN Singh (P. W. 1), Prabhu Dayal (P. W. 2) and Kiahan Dayal were the only witnesses of fact who came forward to prove the circumstances indicating the guilt of the accused. All other witnesses including Dr. R. S. Gupta (P. W. 4) were formal. They included two witnesses from police station Patiali where the deadbody was recovered in a well. There can be no dispute as regards the fact that Bhagwan Das disap peared from village Nagla Raipur, which is a hamlet of village Sirsol and lies within the police station Ganj Dundwara, district Etah, on 23-7- 76 at about 10 am. and thereafter he did not return to the village. The contention of the prosecution is that he was taken from his house on 23-7-73 at 10 a. m. by appellant Netram and co-accused Kehari, (who has since died) and then he was murdered the same day sometime in the night and his dead body was thrown in the well. The evidence on record shows that the daughter of one Bhawani was married to Lala Ram co-accused, who has been acquitted by the lower court and Lala Ram was teasing this girl. This Bhagwani is a very close relative (maternal uncle) of the deceased as well as of Prabhu Dayal. The third prose cution witness Kishan Dayal is also related to Bhawani, being brother-in-law of Bhawani's brother- in-law. On account of this ill-treatment with Bhawani's daughter by Lala Ram, it is undoubted that relations between Lala Ram and his brother Kehari on one hand and Prabhu Dayal and Bhagwan Das on the other were nothing but abnormal. It is alsj in evidence that Lala Ram and Kehari were friends of Netram. Thus a reason for false implication is there. The question, however, remains whether it could be a potent reason for these three persons to have committed the murder of Bhagwan Das.;