JUDGMENT :

[Om Prakash Shukla, J.]

1. The present criminal appeal has been filed assailing the judgment and order dated 02.05.1987 passed by II Additional District & Sessions Judge, Hardoi in Session Trial No. 144 of 1986 arising out of Case Crime No. 134 of 1985 under Section 419/420/364/302/201/411 IPC Police Station Pihani, District Hardoi, whereby the appellant has been convicted under Section 302/201 IPC and sentenced to undergo imprisonment for life and acquitted under Section 404 IPC.

2. Shorn of irrelevant details, the facts of the case are that the complainant Shyam Rastogi (PW-1) was having a shop in Pihani town where he used to provide loudspeaker on rent. On 06.06.1985 at about 4 P.M the appellant Munna came to the shop of the complainant and booked a loudspeaker for 10th June, 1985 for two days for Rs. 105/- as rental charges and deposited Rs. 10/- as advance. The set was booked for being taken from village Dhobia to village Gajua Khera for a marriage party in his relation. It is said that appellant Munna mentioned his name as Ram Prasad son of Chhotey Lal Yadav resident of Village Khakra, P.S. Maigalganj, District Kheri.

3. On 10.6.1985, Munna came to the shop of the complainant at about 4.30 P.M. when the complainant handed over the loudspeaker set to his Operator Vishwanath (deceased), who went with the appellant Munna to Village Gajua Khera on a bicycle belonging to the complainant. On 10.6.1985 in the evening at about 5.00 P.M. Munna (appellant) and Operator Vishwanath were seen at Shahadat Nagar Bus Stand along with cycle and loudspeaker by Chanda (PW-2) and one Ram Kishore. However, when Vishwanath did not return on 12.6.1985, the complainant made search of the operator and loudspeaker set. During search he came to know from village Gajua Khera and village Dhobia that no such Barat had come, then the complainant went to village Khakra and came to know about correct name and address of Munna. The complainant mentioned in the F.I.R. that till now he could not know the whereabouts of Vishwanath (operator) and sound system. In the report, he showed suspicion that Munna has made Vishwanath disappeared and took his cycle and set.

4. In the morning of 15.6.1985, the complainant Shyam Rastogi prepared a written report (Ex. Ka-1) and at 8 A.M. handed it over to the police authorities of Police Station Pihani. The Head Moharrir Jagdish Sara of Pihani police station scribed FIR (Ex. Ka-11) and registered a case under Section 419/420/364 IPC vide G.D. report no. 12 dated 15.6.1985 against the appellant Munna. The investigation of the case was entrusted to SI Suresh Chandra Gautam.

5. It is said that in the evening of 15.6.1985 itself, the police spotted skeleton of an unknown person in the east of village Bahadurnagar from the sugarcane field of Ram Sagar. The Sub Inspector prepared inquest report (Ex. Ka-14), challan of dead body (Ex. Ka-15), sketch map of dead body (Ex. Ka-16), two letters to CMO (Ex. Ka-17 and Ka-18) and letter to RI (Ex. Ka-19). The skeleton was sealed in a cloth and the sample seal is Ex. Ka-20. The skeleton was sent for postmortem examination through Constable Harish Chandra (PW-5) and village Chaukidar Raja Ram of village Luhar Khera. The SI also took the clothes of the deceased in custody and prepared a memo thereof (Ex. Ka-20).

6. On 16.5.1985 at 5.50 pm Dr M L Tandon, Medical Officer, District Hospital, Hardoi (PW-4) conducted postmortem on the unidentified body of the deceased, who was assessed to have died 5-6 days ago. It was a skeleton of an adult. Vertebra, skull bone and the bone of left hand were not present. Large number of bones were found missing. The Medical Officer noted the following ante mortem injuries on the dead body:

1. Cut mark on 4th cervical vertebra in front with sharp cuts and dried blood present on margins.

2. Cut mark in the middle of mandible and on its base.

7. In the opinion of the doctor, death had taken place due to shock and hemorrhage as a result of ante mortem injuri