DAYA SHANKAR Vs. STATE OF U P

JUDGEMENT

(1.) THIS is an appeal by Daya Shanker, Sarju Prasad, Bhagwati @ nachkau and Ayodhya against judgment and order dated 2. 9. 1982 passed by Sri dinesh Chandra, then IV Addl. Sessions judge, Allahabad in Sessions Trial No. 78 of 1982, State v. Daya Shanker and others, under Sections 302/34 and 201/34 IPC of police station Karchhana District allahabad.

(2.) THE facts giving rise to this appeal are that on 8. 10. 1980 at about 8. 30 a. m. Chhotey lal Pandey lodged FIR at police station karchhana District Allahabad with these allegations that he is resident of village tikri police station Karchhana District allahabad. Accused Bhagawati, Ayodhya and Kanhaiya Lal had enmity with his brother Mani Lal. On 7. 10. 1980 Mani Lal had gone to the shop of Bhagawati to take betel leaves. He left that place at 10 a. m. but did not return back to his house upto evening. Then Chhotey Lal Pandey etc. started to search him but no trace of Mani lal was found, hence, Chhotey Lal suspected that aforesaid Bhagawati Parsed etc. might have confined Mani Lal somewhere with an intention to kill him and prayed that necessary action should be taken in the matter.

(3.) ON the basis of the above report, the police registered the above case against the said three persons under Section 364, IPC dead body of Mani Lal was found in the field of Satya Narain on 9. 10. 1980 at 2. 00 p. m. The dead body was sent for post-mortem examination. The post-mortem examination was conducted on 10. 10. 1980 at 4. 20 p. m. and in the opinion of the doctor, death had taken place about 3-4 days ago and the entire body had been decomposed, and eyes, ears, nose, lips and tongue of the body were missing. There were maggots and insects in the body and cause of death could not be ascertained due to decomposition, hence, viscera was preserved. However, it is not clear whether viscera was sent for chemical examination or not, and no viscera report has been produced by the prosecution.