KUDAUWA Vs. STATE OF U P

JUDGEMENT

(1.) The present appeal is directed against the Judgment of conviction and order of sentence dated 14.10.1982 passed by the learned III Additional Sessions Judge, Hamirpur in Sessions Trial No. 198 of 1980 by which six persons were put on trial. Accused Kudauwa, appellant Lala Ram, Smt. Deo Kunwar and Ram Prakash Singh were convicted while accused Ram Vilas, who was also described as Ram Vishal Singh, and Rajendra Singh were acquitted of the charges under Sections 120B, 302 and 201 I.P.C.

(2.) Convicted accused Kudauwa and present appellant Lala Ram preferred the present criminal appeal together whereas Smt. Deo Kunwar and Ram Prakash Singh have preferred the connected Criminal Appeal No. 2650 of 1982 but what appears is that the two appellants of that connected appeals were reported dead and, by Court's order dated 21.4.2010, the connected appeal had abated as was the case with the co-appellant in the present appeal namely Kudauwa. Thus, criminal appeal no. 2649 of 1982 survives only on behalf of appellant Lala Ram.

(3.) The facts of the case lie in a very narrow compass. A dead body was found floating in a well by some school children and they reported the same to the Beat Chowkidar Bhola (P.W.1) who along with some respected persons of the village Karahia went to the well and found the information true. The dead body was retrieved from the well-water with the help of a rope and it was found that there were numerous injuries on it, but no identity could be established of the man who had put cloths and a pair of shoes on him. The Chowkidar reported the matter to the Police Station on 27.11.1979 and on that basis the F.I.R. of the case, Ex. Ka 1, was drawn up.