Judgment

RAY, J. :- This is an appeal by special leave from the judgment dated 16 January, 1969 of the High Court at Allahabad.

2. The High Court upheld the order and judgment of the Assistant Sessions Judge, Faizabad convicting the appellant and sentencing him to 5 years rigorous imprisonment under Section 394 of the Indian Penal Code, 3 years, rigorous imprisonment under Sec. 404 of the Indian Penal Code and 3 years rigorous imprisonment under Section 218 of the Indian Penal Code. The sentences were to run concurrently.

3. The appellant was head-constable at the Police out-post Baghanala under the Police Station Chhaoni in the District of Basti, Uttar Pradesh. On 10 April, 1965 which was Ram Naumi day a large number of persons had come to Ayodhya to have a dip in the holy river Saryu and a Darshan of the temples. There was a large crowd on the bridge over the river. The bridge gave way. Many persons were drowned. Bachchan Lal Srivastava, an Advocate and his brother Triloki Nath Srivastava an Overseer and Bachchan Lal Srivastava s clerk Jugal Kishore and two other Advocates Shri Shanker Singh P. W. 1 and Shri Jagdamba Prasad Singh P. W. 6 were pilgrims to the river Saryu on that day. The Srivastava brothers and the clerk were drowned. Their dead bodies could not be recovered. A search party met the Deputy Inspector General of Police and the Commissioner of Division on 12 April, 1965. They have information to the search party that some dead bodies were seen near Vikram Jot village. The party went to Vikram Jot. They made enquiries at the place. A person gave information that the dead body of a stout person wearing white bush-shirt and a pair of steel colour terrylene trousers had been found near Sahjaura Pathak village and a wrist watch, a gold ring and some money had been recovered from the body by certain boatmen but the same had been taken away from the boatmen by some one in the Police.

4. The search party along with the chowkidar and the person who gave information proceeded to village Sahjaura Pathak. There the Party met the Mallahs who were the boatmen. They were Munnu Lal Mallah, P. W. 8 and Daya Ram Mallah P. W. 9 and Jassi Mallah. The party was headed by Shri Shanker Singh, Advocate P. W. 1 and along with him was his client Sri Ram P. W. 12 who was Up-Pradhan of the village. The party was taken by the three Mallahs on a boat across the river. Daya Ram P. W. 12 showed the dead body which had been reduced to bones by vultures. A belt, an underwear and a pair of trousers were still on the body. Shri Shanker Singh, P. W. 1 and his companions recognised from the teeth of the dead body to be that of Bachchan Lal Srivastava. The party carried the dead body to village Sahjaura Pathak.

5. The party thereafter went to the Police out-post Baghanala along with Daya Ram P. W. 9. Daya Ram P. W. 9 was one of the Mallahs. The party went inside the Police out-post Baghanala and met the appellant. Shri Shanker Singh enquired from the appellant if any dead body had been recovered that day from the river from which Daya Ram had removed a wrist watch, a gold ring and Rs. 17.75 all of which soon after, had been taken away by the appellant from Daya Ram after beating and threatening him and whether the appellant had further directed that the facts should not be disclosed and the dead body should be thrown into the current of the river. The appellant denied the story. Thereupon Shri Shanker Singh, P. W. 1 called Daya Ram who narrated the facts including the version that the appellant had threatened that the facts should not be disclosed to anyone that the dead body should be thrown into the current of the river. The appellant replied that Daya Ram was telling a lie.

6. At the instance of Shanker Singh the general diary of the Baghanala Police out-post relating to 12 April, 1965 was shown. The diary showed that the Police left the outpost at 6.40 a.m. on 12 April, 1965 in search of dead bodies and the Police party returned to the out-post at 6-10