MANNA SINGH Vs. STATE

JUDGEMENT

(1.) This criminal appeal has been filed against the judgement and order of IX Additional Sessions Judge, Kanpur dated 30-10-1979 0passed in Sessions Trial No. 124-M of 1979 wherein all the appellants had been convicted for the offence punishable under Section 302/34, I.P.C. and sentence to undergo imprisonment for life and further convicted under Section 201 I.P.C. and sentenced to undergo three years rigorous imprisonment. Both the sentences were directed to run concurrently.

(2.) According to the prosecution, all the three appellants are real' brothers and residents of village Baragaon, P.S. Maharajpur, district Kanpur. Kalloo Singh, deceased was the younger brother of Lalloo Singh, P.W. 2 and was resident of village Machkhuria, P. S. Purwa, district Unnao. Smt. Ramapati, the younger sister of Lalloo Singh, P.W. 2 was married to appellant Manna Singh, who died about four years ago from the date of occurrence, but the relationship between the informant and the appellants subsisted and both sides used to see each other. The further case of the prosecution is that Kalloo Singh, deceased was a wrestler and used to attend the wrestling competitions at various places and about a week before the occurrence, the appellant-Sukhpal Singh had gone to the house of Kalloo Singh, deceased and took him to his house to attend a wrestling competition. As Kalloo Singh, deceased did not return to his house for about a week, Lalloo Singh, P.W. 2 became worried and' on 28-9-1977 the said witness came to the village of appellants to find out the deceased. When Lalloo Singh, 0P.W. 2 reached the door of the appellants he found their houses locked and none of them was present there. He enquired about the deceased, Kalloo Singh from Malkhan Singh, P.W. 4 and others. They told him that in the morning of that day all the three appellants were beating deceased, Kalloo Singh as they suspected that deceased, Kalloo Singh had stolen their golden ornaments. The beating was done with lathi, Danda and fists and subsequently the appellant Manna Singh had taken Kalloo Singh, deceased to his house, Lalloo Singh, P.W. 2 could not find any trace of his brother and suspecting some foul play he lodged the F.I.R. at P.S. Mahrajpur on the same day at 9.10 p.m. Head Constable, Radhey Shyam Tripathi, PW. 1 prepared the chick report and made endorsement in the general diary. Shri R.C. Dubey, PW. 9 was entrusted with the investigation and he reached the house of the appellant-Manna Singh at 11.30 p.m. He could not find any of the appellants. He recorded the statements of Bhadai, P.W. 3, Malkhan Singh, P.W. 4, Nanhey, Sabhan and others. On the next day Manna Singh appellant No. 1 was apprehended by the investigating officer and at his pointing out bloodstained spade, gandasa and karauli, the weapons with the help of which deceased Kalloo Singh was murdered, the dead body of the deceased and his clothes were recovered. The dead body of the deceased had been beheaded and cut into eight pieces. The investigating officer conducted" the inquest on the dead body, sealed it and sent the same for postmortem. The autopsy on the dead body was conducted by Dr. R. Prakash, P.W. 8 on 30-9-1977 at 3 p.m., who found the following anti mortem injuries :-1. 'Incised wound 3/4 c.m. x 1/2 c.m. on the dorsum of penis in middle part.2. Traumatic separation of head with neck at the level of the cervical vertibra is lying separated from body. On reconstruction the head belongs to this particular body. The stump injury of head and neck contain incised wounds showing clotted blood in soft tissues cutting all the structures of neck through and through.'

(3.) The Doctor found the following post mortem injuries :-"Both the upper arms separated from trunks at the respective shoulder joints. Both the hands, are separated from fore-arm at the level of respective wrist joints. Both things are separated at the level of knee joints and both feet are separated from ankle joints. All injuries are post mortem incised wounds and do not show clotted blood in tissues.