RAM SEWAK Vs. STATE

JUDGEMENT

(1.) RAM Sewak has preferred this appeal against the judgment and order dated 20-5-1980 of Sri Dinesh Chandra, IIIrd Additional Sessions Judge, Lucknow convicting the appellant under Section 302, IPC and sentencing him to imprisonment for life.

(2.) THE machinery of law was set into motion by ICallu Chaukidar of village Nabipanah, P. S. Mall district Lucknow who lodged an FIR on 22-2-1979 at 10. 30 a. m. at P. S. Mall, district Lucknow inform ing that a dead body of an unidentified man wearing a sweater and Pyjama was lying in the Arhar field of Bharoscy in village Bhagwantkhera. A case was registered and A. S. I. Malhura Singh started investigation. He went to the post; prepared Panchayat-nama Ext. Ka. 6, site-plan Ext. Ka-11 and sent the body for post-mortem examina tion in a scaled cover. THEreafter inves tigation was taken up by Sri Babu Ram on 24-2-1979. Eventually it was discovered that the dead-body was not a man but it was of one Indra Devi, mother of P. W. 3 Lal Babadur Singh, resident of Maurawan S. Maurawan, district Unnao. THE Inves tigating Officer got the dead-body iden tified by Lal Bahadur Singh and Poornima Devi, son and daughter respectively of the deceased. Identification was done after the post-mortem examination which was con ducted on 26- 2-1979.

(3.) WE have heard Kr. Shanti Prakash, learned counsel for the appellant and Sri Anundi Bancrji, learned State counsel and have perused the evidence.