- (1.) K. D. Shahi, J. The appellam has preferred this appeal against the judgment and order dated May 3,1990 passed by Shri Jagdish, Xfih Additional Sessions Judge, Varanasi whereby appellant Kanhai Banerji has been sentenced to under go life imprisonment under Section 302, I. R. C and five years' R,i. under Section 201, I. P. C.
(2.) THE brief facts of the case are that Shri Prashant Kumar Banerji, Assistant Engineer was residing in Flat No. 22 Of ficer 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 com mitted suicide in the mid night of 12/b-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 wineand by causing him injuryand to show it a case of suicide, he has planted the electric 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 tablet, Lor Jepam tablets, Metajol tablets. Ateban teblets and empty dis charged bottle of wine were recovered. The recovery memo is Exb. Ka-7.
(3.) THE post-mortem of the dead body of Prashantkumarbanerji was conducted on May 13, 1988 at 2. 45 p. m. by Dr. C. B. Tripathi. THE doctor has found two antemortem injuries on the persons of the deceased which is as under: 1. Contusion 5/2 cm x 3 cm over Iron of left side midline 7 cm above eternal notch and 2 cm outer to mid line on direction the contusions was uptosubsetunous deep. 2. Contusion 4 cm x 5/2 cm. over from of upper part of left side chest 2 1/2 cm from mid line and 2 1/2cm beloweiernal notch (? ). The doctor has also found one liga ture 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 postmortem 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.;