VASHISHTH MUNI PATHAK Vs. STATE

JUDGEMENT

(1.) The present criminal appeal is filed by Bashisht Muni against the judgment and order dated 18-9-96 passed by the II Addl. Sessions Judge, Sultanpur convicting the appellant u/Ss. 302/21, IPC and sentencing him to Imprisonment for Life and three years' R.I. respectively. Both the sentences were directed to run concurrently.

(2.) According to the prosecution case, Lalta Prasad, the father of the complainant Dinesh Chandra Tiwari left the village Loniyapur to Sitarampur at about 4 p.m. but he did not reach village Sitarampur. On 12-2-94, at about 5 p.m. one Ram Lal Pathak resident of village-Sitarampur gave an information to the complainant that the deadbody of Lalta Prasad is lying in a well situated near the canal passing through village-Usary, hamlet of jungle Ram Nagar. On receipt of this information, complainant Dinesh Chandra-Tiwari immediately proceeded to the spot along with his brother and found that the deadbody of his father was lying in the well. He thereafter, went to the police station and lodged the F.I.R. at P.S. Amethi on 12-2-94 at about 7 a.m. The distance of the police station Amethi is about three Kms. from the place of the incident. The complainant further disclosed in the F.I.R. that Lalta Prasad had inherited certain land in village-Sitarampur from the side of his maternal-grandfather, and in respect of that land there was litigation between his father and Bashisht Muni (the accused) who is relative of his maternal uncle. It is said that a decree was passed in favour of Lalta Prasad. The report was lodged in presence of P.W. 9 S.I. Bhuwaneshwar, therefore the investigation was entrusted to him. He immediately recorded the statement of the complainant and thereafter proceeded to the place of the incident and got the dead body of deceased Lalloo Prasad removed from the well with the help of persons present there. He also recovered the cycle of the deceased from the spot. The Investigating Officer prepared the inquest reportas well as other relevant papers Exts. Ka-2 to Ka-6 and thereafter, sent the deadbody for autopsy to mortuary. The Investigating Officer prepared the 'Fard' of the cycle of the deceased as Ext. 10. He also prepared the site plan Ext. Ka-11 and interrogated the witnesses. The investigation of the case was thereafter, handed over to P.W. 5 S.I. Sukh Ram Sonkar who on completing the investigation submitted the charge sheet against the accused-appellant.

(3.) The autopsy on the deadbody of deceased Lalta Prasad was conducted by P.W. 6 Dr. C.P. Tiwari on 13-2-94 at about 3.30 p.m. The doctor found the following ante mortem injuries on the dead body of deceased Lalta Prasad :-