LAWS(ALL)-2010-7-213

KANHAIYA (IN JAII) Vs. STATE OF U.P.

Decided On July 28, 2010
Kanhaiya (In Jaii) Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) A modern scientific approach to investigate a crime, is need of the hour; especially in a case of circumstantial evidence. It is better illustrated in this case than any other. THE FACTS

(2.) KM . Antu (the Deceased) had gone out of her house at noon time on 24.2.2005. She did not come back. A search was made for her but she was not found. The next day at about 14:00 hours, her dead body alongwith an ustara (Barber's razor) was found in the wheat field of one Ranvir Singh. Her father Vijendra Singh lodged an unnamed FIR on 25.2.2005, at 15:00 hours.

(3.) IT is said that Kanhaiya (the Appellant) made an extra judicial confession (the EJC) on 27th morning before Dharmendra Kumar (PW-3), pradhan of the village. The Appellant is said to have confessed to the crime and told PW-3 that he saw a blue (pornographic) film on the night prior to the fateful day at his residence along with one Niranjan. This is also so deposed by PW-3 in the trial.