NARENDRA Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal emanates from the impugned judgement and order dated 14.3.1983 passed by IVth Additional Sessions Judge, Fatehpur in S.T. No. 2 of 1982, State Vs. Narendra and others, by which learned trial Judge has held all the three appellants Narendra (A-1), Dadhich @ Jageshwar (A-2) and Ram Prakash @ Nanka (A-3) guilty under Sections 302/34 & 201 IPC and has sentenced them to imprisonment for life on the first count and two years R.I. with fine of Rs.100/- on the second count, the defalut sentence being six months additional R.I.

(2.) DESCRIBED laconically, case against the appellants, as was alleged during investigation and later on stated by the fact witnesses during the Session's trial were that an unknown dead body surfaced in the well of Kalicharan Yadav within the precinct of village Tikri, which was spotted by one Vishal Ahir. Discovery of the dead body was intimated to watchman Raghubar (P.W. 1) on 12.8.1979 by Vishal Ahir. Watchman Raghubar (P.W.1) came to the well and spotted the dead body himself. He thereafter came to police station Khaga the same day at 10.30 p.m. and intimated Head Moharrir Lalman Mishra, P.W. 7, about the same, which information was recorded in the GD by P.W. 4 vide Exhibit Ka.8 at serial no. 34. S.I. Chandra Tiwari (P.W. 6) after receiving the information of surfacing of the dead body proceeded for the spot on the following day 13.8.79 along with Constables Ram Pratap Singh, Radhey Shyam Mishra carrying inquest register and copy of the GD entry Exhibit Ka-7. Dead body was fetched out from the well by said S.I. P.W. 6 and inquest on the cadaver of the deceased was performed vide Exhibit Ka-1. Diagram of the corps is Exhibit Ka-2 and thereafter the body was sealed. Seal impression of the cadaver is Exhibit Ka-3 and letter of request for performing post-mortem on the corpse of the deceased addressed to C.M.O. Is Exhibit Ka-4. Other letters addressed to the R.I. for returning of cloths of the deceased etc. are Exhibit Ka-5 and 6. Dead body thereafter was handed over to Constable Radhey Shyam and Chaukidar Raghubar P.W.1 for being carried to the mortuary for autopsy purposes. The aforesaid persons produced the dead body before Dr. J.S. Rai P.W.8 on the next day 14.8.1979. Papers regarding the dead body were received to the doctor, P.W. 8, at 12.10 p.m. and that very day autopsy was performed at 2.10 p.m. Doctor has noted following facts detected by him on the cadaver of deceased:-

(3.) AFTER the dead body was exhumed from the well, it was identified by Sampatiya (P.W. 3), deceased's wife. She was the daughter of one Chandrapal, resident of village Ikonagarh.