SHIV LAL Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal under Section 374 Cr.P.C. has been filed by Shiv Lal, Jai Ram, Chhote Lal, Gyanendra Singh and Jeetendra Singh against the judgement and order of the VIIth Additional District & Sessions Judge, Fatehpur dated 14th June, 1994 passed in Sessions Trial No. 648 of 1991. The appellants have been convicted for the offences under Section 302/149 and 201 I.P.C. For the offence under Section 302/149 I.P.C. they have been sentenced to undergo imprisonment for life. For the offence under Section 201 I.P.C. they have been sentenced to undergo rigorous imprisonment for three years. Both the sentences are to run concurrently.

(2.) The prosecution story as reflected from the records is as follows:-

(3.) On 11.11.1987 at 10.00 a.m. a first information report was lodged at police station-Chandpur, district-Fatehpur by one Munna Lal, wherein it was stated that in the night intervening 10th November, 1987 and 11th November, 1987 his son Shiv Sahai along with his brother Shiv Shankar had gone to the bed at roof (Atari) of the residential house. Shiv Sahai, however, informed Shiv Shankar that he was feeling cold and therefore moved to a room for sleeping. At around 7.00 a.m. in the morning when the informant went to the room, where Shiv Sahai had gone to sleep, he found the door of the room locked. No information could be given by any of the residents of the house about Shiv Sahai. The informant in belief that the son has gone for daily necessities waited for some time for his son to return. But since the son did not return for some time, he went towards Khalihan. Under a Pipal tree he found the Lungi of his son. When he reached the place near the fence of Besharma, he saw the dead body of his son. The face of the son was covered with the towel with the help of rope.