SHIV PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) This appeal was preferred in this Court by the two appellants Shiv Prasad and Smt. Rampati against their conviction under Section 302 I.P.C. simplicitor and under Section 302 read with Section 109 I.P.C. Both of them were sentenced to imprisonment for life under their respective charges. A token fine of Rs. 50/- was also imposed upon both of them and in default of payment of the said fine, they are to undergo rigorous imprisonment for 3 months. Being aggrieved by the said conviction the abovesaid appeal was filed in this Court.

(2.) The occurrence was said to be sequel to illicit intimacy between wife of the deceased Ram Kishan with his own friend Shiv Prasad, appellant. They were involved for the last 14-15 years as admitted by the son, P.W. 2, Kishore Kumar Gupta. All the three, the deceased, the appellant Shiv Prasad and the son P.W. 2 Kishore Kumar Gupta are employees of the Railways. The deceased was serving as a peon whereas the appellant was a steno in the said department. The unfortunate incident occurred on the night intervening 5th /6th April, 1979, precise time being unknown in village Rajabari near a Nala (drain) flowing about a Furlong away from the village Abadi. The dead body was lying in a pit close by the Nala. It was discovered on the next morning at about 7.00 O'clock by P.W. 1, Pullunath, Pradhan of the said village. The discovery was based on an information that a dead body is lying into the ditch nearby the Nala as earlier said. On receiving the said information, the Pradhan, who was in his field at a distance of half a Furlong from Nala rushed to the spot. The identity of the said dead body could not be fixed until 9th when per chance Sub Inspector and the photographer, who drew the photographs on the dead body, met the son on the village path and he was shown the photos. On photos being so shown, he immediately identified it to be of his father. According to the Pradhan the dead body was wearing full Pant and Shirt. An enquiry was made from amongst the member of the crowd in order to find out the identity of the person but to no avail. A cash of Rs, 26.95, a prescription bearing name of Ram Kewal and 5 tablets of medicine were recovered from his pocket. The Pradhan drew a report and carried it to the police station. It was at a distance of 3l/2 miles. The report was handed over at 9.30 A.M. It is Ex. Ka. 1. The dead body was left in custody of the village Chowkidar Jaan Mohammad. None was named in the F.I.R.

(3.) The investigation, immediately after completion of the formalities at the police station of check report and other necessary documents, commenced. The Sub Inspector visited the site of occurrence and took the body into his custody. The check report was copied by him in the case diary. The inquest proceedings were commenced after appointing the panchas. Its injuries were seen and noted. He also formed an opinion that death occurred on account of the injuries present on the person, of the deceased. The inquest memo is Ext. Ka. 2. It bears the signatures of some of the witnesses examined during trial as witnesses of different circumstances; It bears a serious significance to the truthfulness of their evidence. The dead body thereafter was despatched to the mortuary for post-mortem.