- (1.) VIRENDRA Saran, J. This expedited appeal has come up before us. The appel lant in this case has already remained in jail ever since 13-9-1986, that is about 13years.
(2.) APPLICANT Dadhich Singh has preferred this appeal against the judgment and order dated 30-4-1988 of Sri R. L. Ojha, Special/additional Sessions Judge, Hardoi convicting and sentencing the ap pellant under Section 302 1pc, to Im prisonment for Life and under Section 201 IPC to 2 years' R. I. The sentences were ordered to run concurrently. The order was passed in Sessions Trial No. 499 of 1986. The prosecution case is that appel lant Dadhich Singh had thrown some rub bish in front of the house of Arjun Singh's brother Raghunandan. Arjun Singh, who is the first informant of the case and his brother Raghunandan protested against the collection of rubbish in front of the house of Raghunandan Singh. About 2 or 3 days prior to the incident, there was some altercation between the ladies of inform ant's house and the appellants house. This is said to be the cause, which led to the crime. On 2-9- 1986 at about 12 noon, in formant Arjun Singh was there in the guava grove. Master Udai Singh to keep a watch over the guava crop which he has. purchased. At that time Arjun Singh's son Pappu aged about 12 years arrived there with day's meal for Arjun Singh. Pappu is the deceased of the present case. The further prosecution case is that Pappu started for his house at about 6p. m. with the cattle. Arjun Singh reached his house at about 8 p. m. to find Pappu missing and was in formed by the members of the house-hold that the boy had not returned though the cattle had returned of their own. Arjun Singh set- out in- search of Pappu. While the search was on, Arjun Singh came across Ramesh Lohar and Balwant who informed him that they had seen the appel lant holding Pappu near the grove of Shashi Kant and taking him away. Then he went to the house to the appellant who was not to be found in the village. The search continued and on 3-9-1986 at about 6. 30 a. m. dead body of Pappu was found in the grove of Pratap Singh inside Behaya bushes. There were injuries on the person of Pappu. Arjun Singh lodged F. I. R. of the incident on 3rd September, 1986 at about 9. 15 p. m. at PS. Atrauli which is at a dis tance of 10 kms. from the village of the informant. In the F. I. R. the informant mentioned that he was sure that Pappu was murdered by the appellant. On the lodging of the F. I. R. inves tigation commenced. The investigating of ficer reached the spot and drew the inquest report and sent the body for post-mortem examination. The post- mortem examina tion of the dead-body of deceased Pappu was conducted on 3-9-1986 at 5 p. m. by PW- 6 Dr. Jitendra Singh. Dr. Jitendara Singh noted the following injuries on the person of deceased Pappu Singh. (1) Incised wound 15 cms x 2 cms x bone deep in the scalp on left parietal region, extend ing from occipital region to the root of the left ear. The brain matter was visible through the wound and out. (2) Incised wound 26. 0 cms x 5 cms x bone deep extending from left eye-brow in the parie tal region and then upto occipital region of the scale, 4 cms. Short of root of right ear. Brain matter was visible through the wound and out. Death was due to shock and haemorrhage as a result of ante-mortem injures.
(3.) ON 13-9-1986 PW-8 S. I. Ram Singh Chaudhary, who was deputed to search for the appellant, arrested the appellant with the help of other witnesses at about 3 p. m. as the appellant as he was seen coming from the direction of Sonikpur and proceeding towards Jalgaon. ON being asked, the appellant disclosed his name as Dadhich Singh. The personal search of the appellant yielded nothing incriminating. However, the appellant confessed his guilt to the S. I. Ram Singh Chaudhary and he pointed out the place in his own field from where he dug- out a sword concealed a few inches underneath the earth. The arresting of ficer prepared a memo, which is Ext. Ka -2. After completion of the investiga tion of the case, a charge- sheet was filed against the appellant and in due course, the case was committed to the Court of Session. At the trial the appellant pleaded not guilty and stated that he has been falsely implicated in the case and he fur ther stated that after the appellant was sent to jail, his father was got murdered by Arjun Singh in collusion with the police.;