EK RAM Vs. STATE OF U P

JUDGEMENT

(1.) The present criminal appeal has been filed against the judgement and order of conviction dated 18.11.1982 passed by the learned Additional District and Sessions Judge Bareilly, whereby he has convicted the accused appellants under section 302/34 I.P.C. sentencing both the accused appellants to life imprisonment.

(2.) In short, the facts of the case are that Thakuri Lal, the informant, had given a missing report before the police station Bahedi stating that his son Ram Chandra who used to work at Ara machine from last two years had gone as usual on 10.02.81 for work, he had gone there after taking his night meal but he did not return in the morning, whereupon he inquired at the Ara machine and came to know that Ram Chandra did not come yesterday for work at Ara machine. Thereafter he searched his son in his relations at several places, after due efforts when he could not be traced him he had given the missing report to the police station so that his son may be searched.

(3.) The description of the son is given at the bottom of this missing report. Upon this missing report, the police started investigating the matter and during investigation it came out that the accused Ek-ram and Babu Ram had given information to the police station that they had committed murder of Ram Chandra with Gandasa and blood stained Gandasa had been hidden by the accused appellants in sugar cane field and it will be pointed out and got discovered. Ek-Ram went to sugar cane field where in the western part he had hidden the Gandasa, it is the same Gandasa with which he had committed the murder of Ram Chandra by cutting his neck, thus the fard recovery of Gandasa was prepared.