Shiv Shanker, J. - (1.) THIS appeal has been preferred against the judgment and order dated 27.5.1982 passed by nd Additional Sessions Judge, Kanpur in S.T. No. 585 of 1980, State v. Lala Ram and another convicting and sentencing the accused-appellants to imprisonment for life under Section 302 read with Section 34, I.P.C. years' R.I. under Section 364, I.P.C. and 2 years' R.I. under Section 201, I.P.C.
(2.) THE relevant facts of the case as per the prosecution are that Sanjay Kumar, S/o Dinkar Dutt aged about 9 years had returned to his house from his school on 13.11.1980 at 4.30 p.m. After taking breakfast, he went to the shop of the Sarju for purchasing ground nut. THEreafter he had not returned to his house. P.W. 1 Rama Kant who is brother of Dinkar Dutt submitted a written report Ext.Ka-14 on 14.11.1980 at police station Bhognipur by stating that his nephew had disappeared from 13.11.1980 and same was entered in G.D. and its copy is Ext. Ka-13. THE case was investigated by P.W. 9 S.I. Ram Sajiwan Upadhyaya on 15.11.1980, he went to village Gungaon and recorded the statement of informant Rama Kant. He sent report to the police office also for searching the boy. On 21.11.1980 he again went to Gungaon and recorded the statements of some other witnesses. On 23.11.1980, dead body of Sanjay Kumar was found in Khajuriatal of his village. P.W. 1 Vinod Kumar submitted a written report vide Ext.Ka-15 regarding the recovery of the dead-body of Sanjay Kumar. THE Investigating Officer then went to Gungaon again and prepared the inquest report Ext.Ka-2. Photolash Ext. Ka-3 and challan lash Ext.Ka- 4. THEn dead body of deceased was wrapped and sealed and despatched the same for post mortem examination along with letters Ext.Ka-5 and 6 and other necessary papers. He also took the clothes of the deceased in his possession vide Fard Ext. Ka-7. He also prepared the site plan of the place where the dead body of deceased was found vide Ext. Ka-8. On 25.11.1980 he returned to the police station and got the case converted into one under Section 302, I.P.C. vide Ext. Ka- 9 a copy of which is the relevant G.D. entry and he recorded the statement of some other witnesses also on that day. He also prepared a site plan Ext. Ka-10 of the place where the boy was seen for the last time. Dr. Man Singh conducted the postmortem on 25.11.1980 and prepared the post mortem examination report vide Ext.Ka-1. According to the post mortem report, the deceased was aged about 10 years and had died about 10 days before. Rigor mortis had passed off. The body was in the stage of decomposition. No. outer mark of injury was found on the person of the deceased. Thyroid cartilages were broken. Both the lungs were congested. The cause of death was due to asphyxia.
(3.) ON 30.11.1980, both the accused persons were arrested. Thereafter, on the same day, he submitted the charge-sheet, vide Ext. Ka-11 against both the accused persons. Both the accused persons were charged for the offences levelled against them and who pleaded not guilty and claimed to be tried. They further stated that they have been falsely implicated. They used to work as labourers at the house of Dinkar Dutt Shukla but as Dinkar Dutt did not pay them their wages. Thereafter, they left the work and on this account that they have been falsely implicated by him with the help of one of his uncles who happened to be a Sub-Inspector of police. Prosecution examined P.W. 1 Rama Kant, P.W. 2 Dinkar Dutt, P.W. 3 Mitthu Lai, P.W. 4 Hoti Lai, P.W. 5 Kalyan Singh, P.W. 6 Jauhari, P.W. 7 Pramod Kumar, P.W. 8 Man Singh, P.W. 9 R.S. Upadhyay S.I., P.W. 10 Kamal Prasad H.C. and P.W. 11 Vinod Kumar Sachan who have proved its case.;