PRATAP SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) This appeal is against the judgment and order dtd. 5/2/2019/7/2/2019 passed by the Vth Additional Sessions Judge, Bareilly in Sessions Trial No. 596 of 2011, arising out of Case Crime No. 1073 of 2010, P.S. Izzatnagar, District-Bareilly, whereby the appellants have been convicted and sentenced under Ss. 364/34, 302/34, 201 and 404/34 I.P.C. as follows:-

(2.) On 3/5/2010, Mewa Ram (PW-1) gave a written missing report, dtd. 2/5/2010, (Exb. Ka-1) at P.S. Izzatnagar, District Bareilly which was entered in GD as report no. 70 (Exb. Ka-3), at 21.15 hours, by Head Constable Braj Raj Singh (PW-6). The written report (Exb. Ka-1) was scribed by Brij Nand Kumar Gola (son of PW-1 - not examined). In the missing report it is alleged that on 29/4/2010 at about 8.30 am, PW-1 left home to attend to his duties. When he returned at 5.30 pm, he did not find his wife Munni Devi (the deceased), aged 47 years, present. On finding his wife absent, he dialled his wife's Mobile No. 9808068517 which was found switched off. After waiting for her till 8 pm, he made efforts to contact his relatives to ascertain her whereabouts, but could get no information about her. During search of her possessions, it was found that her bank passbook of U.P. Regional Gramin Bank, Branch Partapur, Bareilly and Rs.5,000.00 including gold chain, earrings and other jewellery articles were missing. Suspecting foul play, missing report was lodged without naming any suspect.

(3.) As per prosecution story on 12/5/2010, PW-5 (Rajesh Kumar Singh) got information that discovery of an unknown female body was reported at P.S. Moosajhag, Badaun. On getting this information, PW-5, with PW-1 and Head Constable Vinod Kumar (not examined) went to P.S. Moosajagh, Budaun. There, on the basis of clothes and photograph, PW-1 could identify that the photograph was of his missing wife Munni Devi's body. As a result whereof papers concerning inquest, autopsy, etc of that body were brought to P.S. Izatnagar, Bareilly and on 13/5/2010, vide report no. 33, at 10.30 hours, the missing report was converted into Case Crime No. 1073 of 2010 under Ss. 364, 302, 201 I.P.C.