K.D. Sahi, J. - (1.) THE Appellant has preferred this appeal against the judgment and order dated May 3, 1990 passed by Shri Jagdish, Xlth Additional Sessions Judge, Varanasi whereby Appellant Kanhai Banerji has been sentenced to undergo life Imprisonment Under Section 302, I.P.C., and five years' R.I. Under Section 201, I.P.C.
(2.) THE brief facts of the case are that Shri Prashant Kumar Banerjt, Assistant Engineer was residing In Flat No. 22, Officer Colony, Bhikharipur, Varanasi. He died in the night of May 12, 1988 between 11 -12 p.m. A report was lodged by Shri Ajai Das Gupta that son of his Sali (wife's sister) Prashant Kumar Banerji has committed suicide in the midnight of 12/13.5.1988. He specifically mentioned in his first Information report that servant of Prashant Kumar Banerji, namely, Kanhai Banerji, the present Appellant was present in the house. Thereafter on May 14, 1988, Shrimant Kumar Banerji, brother of the deceased who came from Lucknow, lodged a F.I.R. at police station, Lanka, Varanasi with the allegation that his brother was hale and hearty. He was happy because he was due for promotion, he could not have committed suicide. He has been killed by Kanhai Banerji by administering him sufficient wine and by causing him injury and to show it a case of suicide, he has planted the eiectric wire of hitter in the neck of the deceased. On the basis of this F.I.R. the case was investigated as a murder case. However, on the earlier report of Ajai Das Gupta, the police had reached on the spot and prepared the inquest report of the dead body and had shown it as a case of suicide. On the spot Neurobean injection, Liv -52 tablets, Lor Jepam tablets, Methanol tablets, Ate ban tablets and empty discharged bottle of wine were recovered. The recovery memo is Exb. Ka7.
(3.) THE post -mortem of the dead body of Prashant Kumar Banerji was conducted on May 13, 1988 at 2.45 p.m. by Dr. C.B. Tripathi. The doctor has found two ante -mortem injuries on the person of the deceased, which is as under: (1)Contusion 5/2 cm. x 3 cm. over front of left side midline 7 cm. above eternal notch and 2 cm. outer to midline on direction the contusions was upto subsetunous deep. (2)Contusion 4 cm. x 5/2 cm. over front of upper part of left side chest 2l/2 cm. from mid line and 21 / 2 cm. below eternal notch (?). The doctor has also found one ligature mark on the neck of the deceased. On internal examination of the dead body, the doctor has found pieces of omlet and alcohol in the stomach of the deceased. The doctor was not sure about the cause of death of the deceased. Thereafter he preserved Viscera of the deceased. The post -mortem report is Exb. Ka -6. On the Viscera examination of the pieces of stomach, kidney and liver, the examiner has found alcoholic poison in stomach, liver and kidney. The report dated June 23, 1989 is on the record.;