SUNDER Vs. STATE OF U P

JUDGEMENT

(1.) J. D. Dubey, J. This appeal has been preferred against the judgment and order of Fourth Additional Sessions Judge, Pilibhit convicting and sentencing the appellant to undergo imprisonment for life under Section 302 I. P. C.

(2.) THE prosecution case, in brief, was that Asey Ram, father if the appellant, was married with the daughter of Gendan Lal, resident of Aliganj, Police Station Kotwali, District Pilibhit, appellant Sunder was born out of this wed-lock. Gendan Lal had no son. He owned about twenty six bighas of land and a house which was given to his son-in-law Asey Ram. Consequently Asey Ram was residing at Aliganj. After the death of tie daughter of Gendan Lal, Asey Ram married with another girl Ketki, daughter of Hori Lal. THEreafter, Asey Ram started residing in the house of Hori Lal at Misrain Gauntia. It was alleged that, due to these reasons, an enmity had developed between Sunder and his father Asey Ram. Hori Lal had asked his son-in-law Asey Ram to reside at his house after leaving Aliganj.

(3.) AFTER the dead body was taken out from a well, the inquest report has been prepared by Rahtu Singh (P. W. 6) by that time, the identity of the dead body had not been establi shed. Hence it was sent to the mortuary for post mortem as the dead body of an unknown person.