RAM SHANKAR GUPTA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgment dated 14.3.2006 and order dated 18.3.2006 passed by learned Additional Sessions Judge, Kanpur Nagar in Session Trial No. 1892 of 1996 ( State vs. Ram Shankar Gupta ) under Sections 302 , 364 201 , 397 , 411 and 506 of IPC, P.S. Nazeerabad, District Kanpuar Nagar, whereby accused-appellant Ram Shankar Gupta @ Sushil Srivastava @ Shabbir has been convicted under Sections 302 , 364 , 201 , 397 , 411 and 506 of IPC, P.S. Nazeerabad, District Kanpur Nagar and sentenced as under:

(2.) According to prosecution version, complainant (PW-2) Rajani Verma was having some dispute with her husband and thus, she along with her 18 years old son Rahul (deceased) was residing separately. Accused-appellant Ram Shankar Gupta was working as tutor of her son and he used to visit her house for tuition. On 07.09.1996, after tuition, deceased Rahul has gone to drop accused-appellant by his Scooter No. UP 78 M 9640, but after that he did not return back. Complainant made search for her son, but in vain.

(3.) Meanwhile, on 10.9.1996, dead body of an unknown person was recovered near river bridge within the jurisdiction of P.S. Bidhun. P.W.6 S.I. Bahaar Singh of police station Bidhun conducted inquest proceedings, but the dead body could not be identified. After inquest proceedings, dead body was sent for postmortem, which was conducted by PW-5 Dr. K.K. Srivastava. On the basis of postmortem report, a case was registered under Sections 302 , 201 of IPC against unknown persons, vide Crime 234 of 1996 at P.S. Bidhun and investigation of that case was taken up by PW-6 S.I. Bahaar Singh. For identification of dead body, photograph of dead body of deceased was published.