STATE Vs. CHHOTEY LAL

JUDGEMENT

(1.) Agreeing with the unanimous opinion of the assessors, the learned Temporary Sessions Judge of Jaunpur has convicted one Chhotey Lal, aged 27 years, resident of Allahabad, under Sec. 302, Indian Penal Code for the murder of one Vishwanath Prasad, aged about 30 years, of village Phulur in the district of Azamgarh a, and sentenced him to imprisonment for life. Chhotey Lal has appealed, and then is also before us a revision arising out of notice for enhancement of sentence issued to him by a learned Judge of this Court on a perusal of the judgment of the trial court while going through sessions statements. This judgment will govern both the Appeal and the Revision.

(2.) A dead body was discovered lying in a well which had no water about a furlong from village Gulzarganj on 20-1-1953 by Kishun P. W. 12 and Lallu P. W. 11, residents of that village. The well is at a distance of 18 paces from the pucca road which runs from Allahabad to Azamgarh via Jaunpur. Gulzarganj is about 58 miles, and Jaunpur about 71 miles, from Allahabad. The villagers informed Jaroop P. W. 7, Chaukidar of the village and the Chaukidar went and lodged a port about it at 3 p.m. the same day at police station Machhlishahr, 6 miles away. Ram Adhar Singh P. W. 24, Station of the police station, reached the well later in the evening and had the dead body taken out of the well. The dead body had injuries which were noted in the inquest report prepared by the officer.

(3.) Meanwhile, Mohammad Sharif 25, who was on his way to Allahabad Shahganj, passed by the spot close the road where the dead body had been covered. He stopped and recognised dead body as that of Vishwanath Prasad, Phulpur. Mohammad Sharif had taken the deceased and a load of linseed belonging to the deceased to Allahabad a few days earlier. The Station Officer sent two constables on Mohammad Sharif's truck to Phulpur and they brought early the next morning Ramdhari P. W. 3, a servant of the deceased, and certain others who also identified the dead body as that of Vishwanath Prasad.