LAL BACHAN Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS is a criminal appeal under Section 374 of the Code of Criminal Procedure (for short 'Code) against the judgment and order dated 30.1.1990 passed by the 1st Addl. Sessions Judge, Nainital in S.T. No. 83/1987 convicting and sentencing the appellant -Lal Bachan to undergo RI for life imprisonment under section 302/34 IPC. However, by the said judgment and order the other accused persons Ram Avtar and Darbari were found not guilty under sections 302/34 & 201 IPC and they were acquitted.

(2.) THE brief facts giving rise to the present appeal are that on 11.10.1986 Pares Nath Pandey (PW -3) filed a written report (Ex. Ka.4) at P.S. Rudrapur and the entry to this effect was made in the G.D. (Ex. Ka.3). He stated therein that his father Raghubans Pandey (deceased) used to look after the property in Districts Nainital and Ballia. When his father did not return to Ballia from Bhagwanpur, District Nainital he came to Bhagwanpur on 10.10.1986. On enquiry being made from Prabhu Nath Chaudhari (PW -1) it was learnt that the deceased told him about the plan to visit Ballia but thereafter he was not seen. It was also disclosed that there was litigation between his father and the appellant -Lal Bachan and his associates Ram Avtar and Darbari. The I.O. Sri S.P. Singh (PW -5) stated the investigation after registration of the case. On 18.10.1986 at about 10 AM, the police arrested appellant Lal Bachan, Ram Avtar Darbari and Mithoo and on their pointing out one human skeleton was recovered from the sugarcane field of Khanna Farm of Pant Nagar University. S.I. S.P. Singh (PW -5) I.O. recovered the pieces of Chadar (Ex. 2), pieces of Dhoti (Ex. 3), Tabij (Ex. 4) and Chappal (Ex. 5). He also took the samples of plain and blood stained and sealed under the recovery memo Ex. Ka.2. The I.O. got the photograph of the skeleton and prepared the site plan where the deceased used to live (Ex. Ka -5), site plan of the place of recovery of dead body (Ex. Ka -6). He also prepared inquest report (Ex. Ka -9), sketch map of dead body (Ex. Ka -10), challan of dead body (Ex. Ka -11) and recovery memos of skeleton (Ex. Ka -12 & Ka -13). Constable Dhanpal Singh and Home Guard Tara Chand sent the skeleton for postmortem examination.

(3.) THE charges under section 302/34 and 201 IPC were framed by the learned 1st Additional Sessions Judge against the appellant. The appellant denied the charges and claimed the trial. The investigation was taken up as usual which culminated into the submission of the chargesheet against the appellant and others.