RAM BAHADUR Vs. STATE OF U.P.

JUDGEMENT

(1.) By the judgment impugned dated 30.06.1984, learned Additional Sessions Judge, Nagar Mahapalika Tribunal, Kanpur after undertaking Sessions Trial No. 234 of 1982 held the accused-appellants guilty for commission of an offence punishable under Sections 302/34 and 394/34 Indian Penal Code. All the accused persons have been sentenced for each of the offence to undergo imprisonment for life term.

(2.) The case of the prosecution as unfolded in the judgment impugned is that one Digvijai Singh purchased a new Eicher Tractor, but was not registered even after a lapse of one and a half months from the date of its purchase. Digvijai Singh purchased the tractor aforesaid with the help and assistance of Jaswant Singh. The day before to the occurrence of the incident in question, Digvijai Singh and Jaswant Singh were contacted by a party to hire the tractor for transporting bricks. After accomplishing the task, Digvijai Singh and Jaswant Singh returned to their village alongwith the accused Ram Bahadur, Rakesh Chunna and Sri Kishan. After staying for some time, Digvijai Singh left his house in company of abovenamed accused persons. While leaving the house, Digvijai Singh conveyed his father Sri Sundar Lal that he was going to Rasulabad as the tractor has been hired by Ram Bahadur, the accused. On next morning, the tractor was found in abundant condition. The dead-bodies of Sri Jaswant Singh and Sri Digvijai Singh too were found in a field of Village Pahadipur, Police Station Rasulabad. The dead-bodies were first noticed by Sri Maniram, Village Chowkidar, Pahadipur, who informed about that to Police Station Rasulabad.

(3.) On receiving the information, a police team reached to the place where the dead-bodies were found and commenced the investigation. A report of inquest was prepared, the tractor was seized and the bodies were sent for post mortem. As per the post mortem report, the dead-body of Digvijai Singh was in state of decomposition with blisters. The corpus had following ante mortem injuries :