RAM DAHIN SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment of the High Court at Allahabad dismissing the appeal of the Appellants. The Appellants Ram Dahin Singh, Bijai Bahadur and Rabindra Bahadur Singh were convicted under Sec. 201 of the Indian Penal Code and various sentences given but they were acquitted of the charges under Ss:147/302/149/34 and Section 396 of the Indian Penal Code. The learned Counsel for the Appellants contended that the circumstantial evidence which has been relied upon by the High Court and the learned Sessions Judge is not sufficient to support the conclusion that they had committed an offence under Section 201 of the Indian Penal Code.

(2.) The prosecution story which has been accepted by the High Court is as follows:-

(3.) It seems to us that no persons other than the appellants would be anxious to bury the body. They had been seen by many witnesses with the deceased in village Chitbaragaon and village Ballia. They had left village Ballia in the company of the deceased and were last seen in village Sardahi with the deceased. In order to avoid suspicion falling upon them they would be keen to get rid of the body, even if the deceased was not murdered by them. That they buried it in their own field further shows their complicity. Burying in somebody else's field might have been dangerous. Their presence in other fields, if noticed, might have engendered suspicion. Their field is only about 100 paces from their house. Rabindra Bahadur Singh, appellant, who pointed out the place of burial, was about 13 years old and is Ram Dahin's son. He could not have buried the body alone. Further the appellants denied the whole prosecution story. This again lends some assurance that they were denying the facts in order to conceal their participation in the crime. We are accordingly of the opinion that the High Court came to the correct conclusion. The appeal fails and is dismissed.