BUDHI Vs. STATE O

JUDGEMENT

(1.) H. L. Gokhale, C. J. This criminal appeal seeks to challenge the judgment and order dated 31st of May, 1982, rendered by the Vth Additional District & Sessions Judge, Bareilly, in Sessions Trial No. 279 of 1981. The appellants have been convicted for the murder of one Chandra Sen under section 302 read with section 34 of I. P. C. as well as for destroying the evidence under section 201 of I. P. C. The learned Sessions Judge has sentenced them for an imprisonment for life for the offences established under section 302/34 of I. P. C. and four years R. I. for an offence punishable under section 201 of I. P. C. The case of the prosecution, as disclosed in the FIR registered by the brother of the deceased, i. e. , one Nathu Lal, is principally as follows.

(2.) THE wife of the deceased Chandra Sen one Sukhdei was supposed to be a lady of not good character and appellants No. 1 and 2 were stated to have illicit relation with her. In fact, some six months before, it was seen that appellant No. 1 had entered the house of Chandra Sen in the night and was seen running from there. THEreafter a village Panchayat was organised, where he pleaded guilty, therefore, the complaint was not registered, but appellant No. 1 and the second appellant had threatened the deceased that when the opportunity will be available, they will kill him.

(3.) ALL of them went in search of the body of the deceased as well as of the accused. First they went towards the village river, but could not trace him, therefore, they went across the river to a nearby pond when they saw the three accused throwing the body in the water of the pond on the banks thereof.