important point
In the event of murder of an abducted person, either by direct or presumptive evidence, an inference of murder can safely be drawn in respect whereof, it would not be necessary to prove the corpus delicti.

judgment

S.B. Sinha, J. —

1.Appellants herein are residents of village Salampur, Police Station Kuraoli, district Mainpuri in the State of Uttar Pradesh. They were accused of charges under Section 364 of the Indian Penal Code for commission of the offence of kidnapping and murder of one Suraj Pal Singh on 23.5.1980 at about 10.00 pm. They are resident of a village called Kherioa. The majority of the population of the said village either belongs to Yadav caste, to which the accused persons belong to, or Kumhar caste, to which the prosecution party belongs to. Two criminal cases were instituted against the prosecution witnesses by the accused. They were, however, acquitted. Suraj Pal Singh son of Jagal Lal, admittedly, was looking after the said cases.

2.A First Information Report was lodged by Pahalvan Singh, PW-1, brother of Suraj Pal Singh at about 5.15 pm on 23.5.1980 alleging that when the said Suraj Pal Singh along with PW-3, Ram Pal, Summer Singh, Khetal Singh and Puttu Lal were sleeping in their field where crops had been harvested and ready for thrashing, the appellants herein as also Buddhi (since acquitted) reached there armed with guns and caught hold of Suraj Pal Singh and bodily lifted him. Puttu Lal, Ram Pal and other persons who were present there, questioned the accused persons as regards their said conduct and being resisted thereto, they resorted to firing thereby creating panic amongst them. Allegedly, they also gave out that Suraj Pal Singh was being abducted for being killed. On hearing the hue and cry as also the sound of firing shots, the informant, Pahalwan Singh, came to the place of occurrence where the other prosecution witnesses narrated the incident to him. An abortive search was made for Suraj Pal. He was not found and as such a First Information Report was lodged wherein apprehension was expressed as regards danger to the life of the said Suraj Pal Singh.

3.The learned Trial Judge found the appellants guilty of commission of the offence under Section 364 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for seven years. However, accused No. 6, Buddhi was acquitted.

4.An appeal preferred by the appellants has been dismissed by the High Court by reason of the impugned judgment.

5.Mr. Swarup, learned counsel appearing on behalf of the appellant, submitted that no evidence having been brought on record to show that Suraj Pal Singh had been kidnapped for causing his murder or with a view to see that he was murdered, as envisaged under Section 364 of the Indian Penal Code, the impugned judgment of conviction and sentence is illegal. At best, the learned counsel contended, an offence under Section 365 of the Indian Penal Code has been made out.

6.Mr. Ratnakar Dash, learned senior counsel appearing on behalf of the respondent, on the other hand, supported the impugned judgment.

7.Before the Trial Court, the appellants abjured their guilt. It was contended that in view of the fact that the prosecution witnesses did not have any legal electricity connection for running the thrashing machine and there being no light, they could not have identified. Delay in lodging the First Information Report, according to the appellants, also gives rise to a suspicion. It was furthermore contended that all the prosecution witnesses are interested.

The learned Trial Judge, however, relied upon the deposition of PW-1 and PW-2 to hold that all the charges for grant of electrical connection having been deposited, user of electrical energy by the prosecution witnesses was permissible. The Investigating Officer, in his deposition, also found existence of electrical connection. The learned Trial Judge consulted an almanac to infer that it was a full moon night and further having regard to the fact that both the parties were known to each other, being residents of the village, the appellants had rightly been identified by the prosecution witnesses as having committed the offence.

8.The learned Trial Judge furth