RAM CHARAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The present Criminal Appeal is directed against the judgment and order dated 24-4-1979 passed by the Ist Additional Sessions Judge, Sitapur, convicting the appellant under Section 302 I.P.C.and sentencing him to Imprisonment for Life in connection with an incident which is alleged to have taken place in the night between 9/10-6-1977 in village Budauli. Police Station, Maholi, District Sitapur.

(2.) The prosecution case, in brief, is that P.W.1 Hira Lal went to his Kothar at about 5 O'clock in the morning and there he saw that the deceased was lying with Razai covered on his face. He called him but when he found no reply then he removed the Razai and found that Govardhan was dead and a piece of cloth had been found tied all around his neck. After sending information about the death of Govardhan P.W.1 Hira Lal went to the Police Station and lodged the report Ext. ka-1 at 7-35 A.M.The distance of the Police Station from the place of the incident is three miles. In the First Information Report it is said that the complainant had a suspicion that appellant Ram Charan had killed the deceased with the help of two other accused persons namely Piarey and Kaushal who have been acquitted by the learned Additional Sessions Judge. F.I.R.was lodged in the presence of P.W.9 Inspector Shyam Singh who immediately proceeded to the place of the incident and recorded the statement of Hira Lal and other witnesses. He also prepared inquest report and other relevant papers Ext. ka-7 to ka-12 and sent the dead body to mortuary for post mortem examination. He also recovered the blood stained Razai, Batua and Angauchha and sealed the same and prepared the recovery memo. He arrested appellant Ram Charan on 15-6-1977 at about 4-00 A.M.and on his interrogation Ram Charan informed the Investigating Officer that he had concealed the Tabeez and Batua of the deceased in his Kothri. On his disclosure the Investigating Officer called the witnesses and thereafter recovered the Batua and Tabeez from the room of the appellant on his pointing out. The investigation was thereafter handed over to Inspector Shyam Raj P.W.3 who submitted charge-sheet in this case.

(3.) The post mortem examination on the dead body of the deceased was conducted by Dr. K.K.Misra P.W.7 on 11-6-1977 at about 3-00 P.M.The Doctor has mentioned in his post mortem report Ext. k-4 that the death was caused due to asphyxia as a result of strangulation. The Doctor found multiple abrasions in the anterior side of the neck.