KALLOO Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Sandeep Dubey, learned Amicus Curiae for the appellant, Sri Amit Sinha, learned A.G.A. for the State-respondent and perused the material available on record.

(2.) Instant Criminal Appeal has been preferred against the judgment and order dtd. 31/3/1983, passed by IIIrd Additional Sessions Judge, Fatehpur in S.T. No. 624 of 1981, convicting and sentencing the appellant for charge under Sec. 396 IPC and sentencing him to undergo imprisonment for life.

(3.) The factual matrix of the case pertaining to present Criminal Appeal in brief is that upon an incident having occurred in the mid night of 4/5/2/1981, a first information report was lodged on 5/2/1981 at 9:10 AM by the son of the deceased. Deceased was one Smt. Phoolmati and the first informant was her son Binda Prasad Mishra. Upon the first information report having been lodged, the police got into action. The Panchayatnama was prepared on 5/2/1981 itself and was exhibited as Ext.Ka-5 and thereafter, the dead body was sent for postmortem and the postmortem report was exhibited as Ext.Ka-1. There were certain recoveries. The recovery of the ash which was there as a result of the pual which was burnt on the date of incident was exhibited as Ext.Ka-9. Similarly, the recovery memo of the torches, which were allegedly in the hands of the eye-witnesses, was prepared and exhibited as Ext.Ka-10. A recovery memo was also prepared with regard to the empty cartridges which were found on the place of the incident and the memo was exhibited as Ext.Ka-11. After the investigation had commenced on the mentioning of the names of Narad and Beni by PW-3 and PW-4 i.e. Bhola and Nanku, the accused Narad and Beni were arrested. The accused Kallu was, however, arrested on 13/8/1981. The police, upon completion of investigation had submitted its report vis-a-vis Narad and Beni on 28/6/1981 and vis-a-vis Kallu on 5/10/1981. The court, thereafter, had framed charges under Sec. 396 IPC against the three accused persons on 17/6/1982. The trial, thereafter, commenced when the accused persons denied the charges and desired a trial. From the side of prosecution as many as ten witnesses were produced and examined.