SATHI PRASAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an appeal by special leave from the judgment dated 16 January, 1969 of the High Court at Allahabad.

(2.) The High Court upheld the order and judgment of the Assistant Sessions Judge, Faizabad convicting the appellant and sentencing him to 5 years rigorous imprisonment under Section 394 of the Indian Penal Code, 3 years, rigorous imprisonment under Sec. 404 of the Indian Penal Code and 3 years' rigorous imprisonment under Section 218 of the Indian Penal Code. The sentences were to run concurrently.

(3.) The appellant was head-constable at the Police out-post Baghanala under the Police Station Chhaoni in the District of Basti, Uttar Pradesh. On 10 April, 1965 which was Ram Naumi day a large number of persons had come to Ayodhya to have a dip in the holy river Saryu and a Darshan of the temples. There was a large crowd on the bridge over the river. The bridge gave way. Many persons were drowned. Bachchan Lal Srivastava, an Advocate and his brother Triloki Nath Srivastava an Overseer and Bachchan Lal Srivastava's clerk Jugal Kishore and two other Advocates Shri Shanker Singh P. W. 1 and Shri Jagdamba Prasad Singh P. W. 6 were pilgrims to the river Saryu on that day. The Srivastava brothers and the clerk were drowned. Their dead bodies could not be recovered. A search party met the Deputy Inspector General of Police and the Commissioner of Division on 12 April, 1965. They have information to the search party that some dead bodies were seen near Vikram Jot village. The party went to Vikram Jot. They made enquiries at the place. A person gave information that the dead body of a stout person wearing white bush-shirt and a pair of steel colour terrylene trousers had been found near Sahjaura Pathak village and a wrist watch, a gold ring and some money had been recovered from the body by certain boatmen but the same had been taken away from the boatmen by some one in the Police.