MANGLEE Vs. STATE

JUDGEMENT

(1.) This appeal has been filed against the judgment dated 24.8.1994 passed by VIII Additional Sessions Judge, Bareilly in Sessions Trial No. 121 of 1992, State Vs. Manglee, under section 302 I.P.C., P.S. Hafizganj, District Bareilly.

(2.) The prosecution case relating to sessions trial in brief is that Veerpal son of Sundar Lal aged about four years was missing from his house of village Navadia Vamanpuri, P.S. Hafizganj, District Bareilly since 25.09.1991, 2:00 a.m. He was last seen in front of his house at 2:00 p.m. in afternoon of 25.09.1991, when Manglee son of Umrai Lal Kurmi of same village came near him and thereafter he was seen going with Manglee. When Veerpal did not return, then Manglee was inquired, who pleaded ignorance about Veerpal. Later Prem Raj and Ganga Singh of same village had informed the complainant Gopal Dev, the uncle of Veerpal, that they had seen Veerpal with Manglee at about 3:00 p.m. near the sugarcane field of Bahadur Singh, then complainant and other persons went near sugarcane of Bahadur Singh and saw Veerpal lying dead in the field. There were injuries over his body and his knicker was also lying separately. Earlier Manglee had attempted to satisfy his unnatural lust with Veerpal but could not succeed, so complainant Gopal Dev believed that it was Manglee, who after satisfying his lust, had committed murder of Veerpal. Then he reported the matter in police by his written report dated 26.9.1991 at about 3:00 p.m. On the basis of this report, Case Crime No. 260 of 1991, under section 302, 201 I.P.C. was registered and after completion of investigation, the police had submitted charge sheet against accused Manglee.

(3.) On the basis of charge sheet received in the matter, Sessions Trial No. 121 of 1992, State Vs. Manglee, was registered in which accused was charged of offences under sections 302, 377 I.P.C. The accused denied the charges and requested for his trial.