DAYA PRASAD Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction and sentence dtd. 30/5/2013, passed by the Special Judge (SC/ST Act), Banda, in Special Criminal Case No. 43 of 2009 (State Vs. Daya Prasad @ Vyas Ji), arising out of Case Crime No.378 of 2008, Police Station Girvan, District Banda, whereby the accused appellant Daya Prasad @ Vyas Ji has been convicted and sentenced to rigorous life imprisonment alongwith fine of Rs.25,000.00, each, under Sec. 302 I.P.C. read with Sec. 3(2)(v) SC/ST Act; ten years rigorous imprisonment under Sec. 377 I.P.C. alongwith fine of Rs.10,000.00 and five years rigorous imprisonment alongwith fine of Rs.5,000.00, each, under Sec. 201 IPC and on failure to deposit fine to undergo one year, six months and three months, respectively, additional rigorous imprisonment have been given. All the sentences are directed to run concurrently.

(2.) The informant is the father of the deceased who has made a written report stating that his 13 year old son Ram Babu had gone out of the house at about 2.00 pm on 13/10/2008. Despite efforts made, he could not be found. On 16/10/2008 at about 12.00 in the afternoon a telephone call was received on the mobile of his nephew (sister's son) No. 9005274183 that the missing boy has been found cut in pieces on the railway track. On receiving such information the informant (P.W.-1) tried to contact the informant on his phone number. The person concerned identified himself as Narayan Babu Shivhare of Village Arjunah. The informant alongwith his son Ram Gulam came to the concerned village and inquired about his missing son. The caller i.e. Narayan Babu Shivhare intimated the informant that Daya Prasad Tiwari @ Vyas Ji (the accused) had actually made the phone call from his number and had given information that the deceased has died in a train accident. The informant was also intimated that the caller Daya Prasad Tiwari @ Vyas Ji (hereinafter referred to as the accused) was living in a rented room at Khurand. The informant alongwith his son came to Khurand and met the accused, who took them to a tea shop. On the pretext of urination the accused left the shop and fled. The informant alongwith his son ultimately apprehended the accused in the forest at a distance of about two kilometres and inquired about his son. The accused confessed that on 14/10/2008 the brother-in-law of the deceased, namely, Shyam Sundar had met him at the station and asked him to return the deceased to his house. The accused, thereafter, took the deceased Ram Babu to his village Pataura in the intervening night of 15/16/10/2008 and committed unnatural offence on him and thereafter has murdered him. He also disclosed that the dead body is buried in his house. On this disclosure the informant alongwith his son brought the accused to police station. A written report (Exhibit Ka-1), dtd. 17/10/2008 was made to the Police which forms the basis of the first information report in Case Crime No. 378 of 2008, under Ss. 377/302/201 IPC and 3(2)(v) SC/ST Act, Police Station Girvan, District Banda.

(3.) The police came to the village Pataura and recovered bloodstained mattress, langot of the accused, spade, stick and sickle from the house of the accused appellant. The clothes worn by the deceased allegedly were burnt and the ashes were collected by the Investigating Officer. Recovery memo in that regard has been prepared which are duly exhibited as Exhibit Ka-6 to Ka-11. The accused was then taken in custody at the police station vide Exhibit Ka-2. The inquest was conducted between 4.00 pm to 5.30 pm on 17/10/2008 at the place where the dead body was recovered in the presence of inquest witnesses. The inquest witnesses were told that the buried dead body was exhumed from the courtyard of the house of accused.