PIYARI Vs. STATE OF U P

JUDGEMENT

(1.) U. S. Tripathi, J. This appeal has been directed against the judgment and order dated 22-4-1980/29-4-1980 passed by Sessions Judge, Ghaziabad in Sessions Trial No. 253 of 1978, convicting appellants Smt. Piari, Masih Charan, Omvir and Ganga Sharan under Section 302 IPC read with Section 34 IPC and sentencing each of them to imprisonment for life under said section and further convicting them under Section 201 IPC and sentencing each of them to undergo RI for a period of five years.

(2.) THE prosecution story briefly stated was as under : Appellant Omvir is son of Smt. Piari, appellant, Ghan Shyam deceased aged about 12 years, was son of Hari Kishan (PW-2) and Smt. Lajjawati (PW-7 ). All the appellants and deceased and his parents were residents of village Chhaulas, P. S. Dadri, District Ghaziabad. THE deceased, his parents and appellants Omvir and Smt. Piari were sweepers and appellants Ganga Sharan and Mashih Charan were Harijans. Houses of appellant Ram Piari and Smt. Lajjawati (PW-7) were adjacent to each other. Appellant Omvir was ill. He was under treatment of Ganga Saran, a Sorcerer and Masih Charan was his assistant. It is alleged that appellant Ganga Saran advised Smt. Piari to offer human sacrifice in order to cure her son.

(3.) INVESTIGATION of the case was taken up by Shri Suresh Chandra Sharma (PW-10 ). The I. O. interrogated Hari Kishan (PW-2) at the Police Station and alongwith police force reached village Chhaulas, where he interrogated Smt. Lajjawati (PW-7 ). Thereafter, he arrested appellant Omvir and interrogated him. He also interrogated Km. Kamlesh (PW-1 ). On 3-8-1978, Rohitashwa Kumar (PW-4) and Shafi Abbas (PW-5) were called and interrogated by the Investigating Officer. They told that the appellants had made extra- judicial confession before them that they had killed Ghan Shyam deceased and buried his dead-body in the room of Omvir. The I. O. called Shiv Raj Singh (PW-6) Sub-Divisional Magistrate, Dadri. On the pointing out of the appellant Omvir the dead-body of Ghan Shyam deceased was recovered by digging out the room in the presence of S. D. M. and other authorities. The dead- body was identified by Hari Kishan (PW-2) and Lajjawati (PW-7) as that of their son Ghan Shyam. A Khurpa, articles of worship and some burnt articles of Pooja were also recovered alongwith the dead- body. Recovery memo Ext. Ka-3 and Ka-8 were prepared. The I. O. also took into possession blood stained and simple earth from the spot and prepared memos of recovery. Sub-Inspector Jai Prakash conducted inquest of the dead-body in the presence of Shiv Raj Singh, Sub-Divisional Magistrate and other witnesses and prepared inquest report Ext. Ka-4. The dead-body was sealed and sent for post-mortem. A swing was also recovered from the house of Omvir. The I. O. inspected the place of occurrence and prepared site plan. Other appellants were also arrested.