TOTA RAM Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has been filed against the judgment and order dated 10/9/1981 passed by Sri K.N. Misra the then Turd AddI. District & Sessions Judge, Bareilly. In S.T. No. 123 of 1981 (under sections 302/34 and 201 IPC. Police Station Mirganj, Bareilly) by which, he held appellants Tota Ram alia Toti. Bhoop Ram. Kanti and Munna Lal guilty of the offences under sections 302/34 and 201 IPC and convicted and sentenced them to undergo imprisonment for life under section 302/34 IPC and two years RI. under section 201 IPC.

(2.) Brief facts of the case is that informant Ankhey Lallodged a report on 22/12/1980 at Police Station Mirganj at 9.30 a.m. that since 5/6 days there was a rumour in the village that appellants Tota Ram alias Toti, Bhoop Ram, Kanti and Munna Lal have committed murder of Shri Ram and have concealed the dead body in the Dabri of Ramganga. Bhoop Ram wanted to keep Smt. Bhoori wife of the deceased, Shri Ram as his wife, Shri Ram was missing since night of Tuesday i.e. 16/ 12/1980.

(3.) At about 5 a.m. while he alongwith Ramdeo and Kedar was enjoying the heat of fire. he called appellants Tota Ram alias Toti. Bhoop Ram. Kanti and Munna Lal, but except appellant Munna Lal, three appellants Tota Ram alias Toti, Bhoop Ram and Kanti came there. On enquiry they confessed that in the night of Tuesday at about 9 pm. they committed murder of Shri Ram and concealed the dead body in the Dabri of Ramganga. He called Chaukidar Banke. All the three appellant Tota Ram alias Toti, Bhoop Ram and Kanti again confessed the guilt before Chaukidar. On pointing out of three appellants Tota Ram alias Toti, Bhoop Ram and Kanti at about 6.30 a.m. in presence of complainant Anokhey Lal, Kedar and Banke, the dead body of Shri Ram kept in a bag tied with rope alongwith nine full bricks and five half brick was recovered from the Dabri of Ramganga.