RAM DEV Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been preferred by appellant- Ram Dev against the judgment and order dated 15.9.2016 passed by Special Judge Prevention of Corruption Act/ Additional District and Sessions Judge, Court No.2, Lucknow, in Sessions Trial No. 75 of 2013, ''State vs. Ram Dev' arising out of Case Crime No. 247 of 2012, under Section 302 IPC, Police Station Mohan Lal Ganj, District Lucknow, whereby the appellant has been convicted under Section 302 IPC and has been sentenced with life imprisonment and fine of Rs. 50,000/- and to further under go imprisonment of three years in default of payment of fine.

(2.) Brief facts necessary for the disposal of this case are that on 15.6.2012 at 8.45 A.M. a written information was given at Police Station Mohan Lal Ganj by the appellant that his wife has committed suicide by burning herself. Acting on this information, S.I. Suresh Chandra Mishra along with S.H.O. Sanjay Kumar Pandey arrived at the spot and collected the remains of the deceased which were found in an iron box and prepared inquest report (Ext. Ka-4) of the same and also prepared necessary papers i.e. Chitthi R.I. (Ext. Ka-10-A), photo lash (Ext. Ka-11), the sample seal (Ext. Ka-12), Chitthi C.M.O. (Ext. Ka-13) and took the photographs of the remains (material Exts. Ka-1 to Ka-6) and sent the same for postmortem.

(3.) The postmortem of the remains of the deceased was performed by Dr. R.C. Gopal on 15.6.2012 at 2.00 P.M and a report (Ext. Ka-3) was also prepared. The cause and time of death of the deceased could not be ascertained as the remains were consisting of burnt pieces of bones and ashes. Therefore the remains were sent for forensic examination and opinion of State Medico-legal Expert. Joint Director Medico-legal Expert U.P. sent its report (Ext. Ka-8) vide letter dated 25.8.2018 to the Circle Officer, Mohan Lal Ganj, wherein femur bone pieces were found to be of human being but due to the fact that remains contained only small pieces of bones, the age and sex of the deceased as well as the cause of death could not be ascertained.