TONDI Vs. STATE OF U P

JUDGEMENT

(1.) THE appellants Tondi, Ram Chandra and Piarey have been convicted by III Additional Sessions Judge, Shahjahanpur under Section 364, IPC Tondi and Ramchandra have been sentenced to eight years R. I. and Pyare has been sentenced to four years R. I.

(2.) BRIEFLY stated, the prosecution case is that the deceased Parasram was an unmarried man. His brother-in-law is one Rameshwar Dayal. Rameshwar Dayal is a resident of village Kherakia, police station Bisalpur, district Pilibhit. Parasram had gone to attend the marriage of Rameshwar Dayal's son on 9-6-1969. On the morning of 11-6-1969, Parasram is alleged to have left Pakaria on the return of the Bafat. While leaving Pakaria, he is said to have informed that he was going to Bisalpur to meet the accused persons.

(3.) THE case for the prosecution is that the accused had induced Parasram by representing to him that they would get him married. The prosecution case further is that Rs. 1,000/- were required for this marriage which was collected by the deceased Parasram partly from his sister Smt. Badamo (P. W. 11) and partly from his sister-in-law Shanti Devi (P. W. 10 ). In the morning of 11-6-1969 he left Pakaria. Puttu Lai (P, W. 3) is claimed to have seen the victim Parasram at Bisalpur bus-stand at about 11 a. m, on 11-6-1969. He was accompanied by the accused. Thereafter, the case for the prosecution is that Parasram proceeded on his way to Bisalpur. In the evening Nanhey (P. W. 9) while travelling by train to Tisua happened to travel by the same compartment in which the victim was travelling with the accused. He made enquiries from the deceased who disclosed that he was proceeding for his marriage which had been arranged, by the accused-appellants. Thereafter Parasram did not return to his village.