LALARAM Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and order dated 27.5.1982 passed by nd Additional Sessions Judge, Kanpur in S.T. No. 585 of 1980, State v. Lala Ram and another convicting and sentencing the accused-appellants to imprisonment for life under Section 302 read with Section 34, I.P.C. years' R.I. under Section 364, I.P.C. and 2 years' R.I. under Section 201, I.P.C.

(2.) THE relevant facts of the case as per the prosecution are that Sanjay Kumar, S/o Dinkar Dutt aged about 9 years had returned to his house from his school on 13.11.1980 at 4.30 p.m. After taking breakfast, he went to the shop of the Sarju for purchasing ground nut. THEreafter he had not returned to his house. P.W. 1 Rama Kant who is brother of Dinkar Dutt submitted a written report Ext.Ka-14 on 14.11.1980 at police station Bhognipur by stating that his nephew had disappeared from 13.11.1980 and same was entered in G.D. and its copy is Ext. Ka-13. THE case was investigated by P.W. 9 S.I. Ram Sajiwan Upadhyaya on 15.11.1980, he went to village Gungaon and recorded the statement of informant Rama Kant. He sent report to the police office also for searching the boy. On 21.11.1980 he again went to Gungaon and recorded the statements of some other witnesses. On 23.11.1980, dead body of Sanjay Kumar was found in Khajuriatal of his village. P.W. 1 Vinod Kumar submitted a written report vide Ext.Ka-15 regarding the recovery of the dead-body of Sanjay Kumar. THE Investigating Officer then went to Gungaon again and prepared the inquest report Ext.Ka-2. Photolash Ext. Ka-3 and challan lash Ext.Ka- 4. THEn dead body of deceased was wrapped and sealed and despatched the same for post mortem examination along with letters Ext.Ka-5 and 6 and other necessary papers.

(3.) ON 30.11.1980, both the accused persons were arrested. Thereafter, on the same day, he submitted the charge-sheet, vide Ext. Ka-11 against both the accused persons. Both the accused persons were charged for the offences levelled against them and who pleaded not guilty and claimed to be tried. They further stated that they have been falsely implicated. They used to work as labourers at the house of Dinkar Dutt Shukla but as Dinkar Dutt did not pay them their wages. Thereafter, they left the work and on this account that they have been falsely implicated by him with the help of one of his uncles who happened to be a Sub-Inspector of police.