KANHAI BANERJI Vs. STATE OF U P

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgment and order dated May 3, 1990 passed by Shri Jagdish. XIth Additional Sessions Judge, Varanasi whereby appellant Kanhai Banerji has been sentenced to undergo life imprisonment under Section 302 IPC, and five years R.1 under Section 201 I.P.C.

(2.) The brief facts of the case are that Shri Prashant Kumar Benerji, Assistant Engineer was residing in Flat No. 22. Officer Colony, Bhikharipur, Varanasi. He died in the night of May 12-1988 between 11-12 p.m. A report was lodged by Shri Ajai Das Gupta that son of his Sali (wifes sister) Prashant Kumar Banerji has committed. suicide in the mid night of 12/13-5-1988. He specifically mentioned in his First Information Report that servant of Prashant Kumar Banerji, namely, Kanhai Benerji, the present appellant was present in the house. There after on May 14, 1988, Shrimant Kumar Banerji, brother of the deceased who came from Lucknow, lodged a F.I.R. at police station Lanka, Varanasi with the allegation that his brother was hale and hearty. He was happy because he was due for promotion, he could not have committed suicide. He has been killed by Kanhai Banerji by administering him sufficient wine and by causing him injury and to show it a case of suicide, he has planted the electric wire of hitter in the neck of the deceased.

(3.) On the basis of this F.I.R. the case was investigated as a murder case.