JAGDISH KUMAR BAJPAI Vs. STATE

JUDGEMENT

(1.) JAGDISH Kumar Bajpai, Jagwansh Kumar Bajpai and Sheo Kumar Bajpai have filed the above appeal against their conviction under Section 201, I. P. C. and sentences of six months' R. I. and a fine of Rs. 100/- each. Along with the accused, one Vinod Kumar Bajpai was also tried. He has been acquitted,

(2.) THE prosecution case in brief Was that Arvind Kumar murdered his wife Smt. Sashi Devi by strangulation in the night of 21st and 22nd of October, 1969. Arvind Kumar Bajpai is the brother of Jagwansh Kumar Bajpai and Sheo Kumar Bajpai all of whom are sons of Jagdish Kumar Bajpai. In the morning the accused and Vinod Kumar Bajpai and Arvind Kumar Bajpai took the body of Smt. Sashi Devi for cremation. The relations of Smt. Sashi Devi suspected a foul play. They intervened and opened the body and found that she had been murdered and had not died a natural death. The first information report was lodged of the occurrence at 9. 40 a. m. by Srikant. The Investigating Officer took the body of Smt. Sashi Devi into his custody and sent it for autopsy. After preliminary investigation the accused were put up for trial. Arvind Kumar died before the trial.

(3.) BESIDES formal witnesses, the prosecution examined Shyam Krishan Pandey (P. W. 1), Anant Kumar (P. W. 2), Sarju (P. W. 17) and Shri Kant Pandey (P. W. 18), Sarju turned hostile. Shyam Krishan Pandey is her brother. Anant Ram is neighbour of these persons. In the night at about 4 a. m. according to the witnesses, a stranger came to the girl's house, which is also in Kanpur in which town the accused also lived, and informed Shyam Krishan Pandey that Sashi Devi had died. Shri Kant Pandey and Anant Kumar Pandey thereafter went to the house of accused and wanted to see the dead body but they were not allowed to see the dead body of Sashi Devi. They suspected foul play. Anant Kumar went back and informed the relations of Sashi Devi of what he suspect-ed. Thereafter the body was intercepted in the way to cremation ground.