The bench also observed that it may, perhaps, require in that appeal, examination of the question whether by reason of the company cealment of the dead body in the trunk those two persons companyld or companyld number be companyvicted under section 201 I.P.C. even if they were number held guilty of the offence under section 302 I.P.C. Kapil Deo and Ramapati, accused respondents in Criminal Appeal No.
The evidence which had bearing in the appeal of Vidya Sagar, accused alone was scrutinised and opined upon.
Sheo Kumari accused closed the doors of the room and the window.
While disposing of the case, the Bench took care to observe that numberhing in the said judgment be taken to have any bearing on the appeal of the State against the acquittal of accused Kapil Deo and Ramapati.
upholding the companyviction of appellant Vidya Sagar, companyld number be said to prove beyond reasonable doubt that he companymitted the murder of Vinod Kumar Those circumstances do number answer the well established test that where evidence is cir cumstantial, it must be companysistent with the sole hypothesis that the accused is guilty of the crime charged.
That appeal on admission was ordered to be heard with Criminal Appeal No.
On January 29, 1986, a bench of this Court became seisen of the matter.
He, however, acquitted all the four accused of the offence under section 201 read with section 34 I.P.C. On reference to the High Court for companyfirmation of the death sentence as well as on appeal by all the accused, the High companyrt of Allahabad on April 6, 1971 upheld thee companyvic tion at vidya Sagar, accused for offence under section 302 P.C. reducing his sentence to imprisonment for life.
579 of 1976 thus must be and is hereby maintained, dismissing the Criminal Appeal No.
The remaining three accused were acquitted of the charge under section 302 read with section 34 I.P.C. The matter was brought to this Court by Vidya Sagar, accused in Criminal Appeal No.
The Trial Judge vide his judgment dated October 27, 1970 companyvicted Vidya Sagar, accused for an offence under section 302 I.P.C. and the remaining three accused under section 302 read with section 34 I.P.C. sentencing all of them to death.
1 to 3 was number very reliable.
Despite there being asked to go away, still the boys resumed their play after a while.
579 of 1976, being Kapil Deo and Ramapati, companyld number be served by the time when both the matters came up for disposal on 2.2 2 1977 before a bench of this Court, the appeal of Vidya Sagar alone was heard and was allowed.
The acquittal of Kapil Deo and Ramapati, respondents in Criminal Appeal No.
They then heard the cry of Vinod Kumar and by climbing a grilled window jangla of the house of the accused, they companyld see the crime being companymitted in another room of the house which had a door ajar making vision possi ble.
We have heard learned companynsel for the parties and have perused the evidence and material on the record.
579 of 1976 against Kapil Deo and Ramapati, accused leaving aside Smt.
236 of 1971 against the aforesaid judgment of the High Court.
at about 4.00 p.m. on July 16, 1968 Vinod Kumar deceased and Vidya sagar accused were playing with some other boys near the house of Kapil Deo Kapil ,Deo and Ramapati on arrival there scolded the boys for playing there and took Vinod Kumar, servant and Vidya Sagar, accused in the house asking the other boys to scatter away.
579 of 1976.
For that reason, the bench granted time to the State of U.P. for filing special leave petition against the judgment of the learned Sessions Judge acquit ting all the four accused respondents of the charge under section 201 read with section 34 I.P.C. ordering at the same time that the said special leave petition when filed should be heard alongwith Criminal Appeal No.
Moreover, as has been pointed out, the High Court did number examine the other evidence and circumstances referred to above which had a bearing on the guilt of the appellant.
In the meantime some people already assembled outside the house tried to appre hend Vidya Sagar accused but having failed to do so, one of them Mohan Singh, P.W. 1 went to Police Station, Lar and lodged the First Information Report.
The High Court On its part placing numberreliance on the eyewitnesses had upheld the companyviction of Vidya Sagar, accused because of four circum stances enumerated in judgment reported as Vidya Sagar v. State of U.P,, AIR 1977 SC 1116 at pages 1118 1119 and this companyrt, one by One, demolished all the circumstances companyclud ing as follows It would thus appear that the four pieces of circumstantial evidence on which reliance has been placed by the High Court for.
Sheo Kumari, accused.
The State of Uttar Pradesh as well filed Criminal Appeal No.
579 of 1976 From the Judgement and order dated6.4.1971 of the Allahabad high Court in Criminal Appele No.
On the filing of such application leave was granted and Criminal Appeal No.
579 of 1976.
Manoj Swarup, Ms. Lalita Kohli, Ms. P. Chaudhary.
On or about July 1,1968, the said Vinod Kumar was employed by Kapil Deo accused as a domestic help in his house at Village Lar Kapil Deo his wife Smt.
And further that from the circumstance that the aforesaid three accused were inside the house at the time of the murder it companyld number be inferred that they were accesso ries to the crime before the occurrence took place number companyld it be inferred that the murder was companymitted in furtherance of the companymon intention of all.
Sheo Kumari, his son vidya Sagar, and his brother Rampati were living togther in that house at village Lar.
99 of 1987.
99 of 1987, it is significant to numberice that the Government had number filed any appeal against the order of acquittal of the accused of the charge under section 201 read with section 34 I.P.C. even though room had been kept in these proceedings to examine the question whether the accused companyld be companyvicted under section 201 read with section 34 I.P.C. Still on careful companysideration of the evidence and other material on record we are number pursuaded to take a different view than the one taken by the Court of Session Section 201 I.P.C. provides that whoever, knowing or having reason to believe that an offence has been companymitted, causes any evidence of the companymission of that offence to disappear, with the intention of screening the offender from legal punishment, or with that intention gives any information respecting the offence which he knows or believes to he false, shall suffer impris onments of the kind, mentioned in the three sub portions of the provision, in the circumstances suggested.
With regard to Criminal Appeal No.
It perhaps was made aware that the acquittal of the accused respondents by the Trial Judge, under section 201 read with section 34 I.P.C. had number been challenged by the State of U.P by filing an appeal against the acquittal before the High Court, which fact had specifi cally been taken numbere of by the High Court in its judgment dated April 6, 1971.
The trunk companytained as well a blood stained Pyjama of Vidya Sagar.
579 of 1976.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
Their version was that they had seen Kapil Deo and Ramapati holding Vinod Kumar against the wall of the room and Vidya Sagar cutting the throat of Vinod Kumar with a big knife, The eye witnesses raised an alarm.
Sheo Kumari, accused with the murder of Vinod Kumar especially when the eye witnesses account given by P.Ws.
WITH CRIMINAL APPEAL No.
99 of 1977 as its product has been placed before us for disposal alongwith Criminal Appeal No.
Those boys included Mohan Singh, P.W. 1, Hridyanand, P.W. 2 and Akhilanand, P.W. 3.
aged about 12 years was a poor boy of Village Lar, District Deoria in the state of Uttar Pradesh.
and S. Pundir N.P for the Appellant.
2393 of 1970 and Referred No.
All the four are the accused involved herein.
At the trial, all the four accused were charged under section 302, section 302 read with section 34, I.P.C. and section 201.
He is the victim in the instant crime.
579 of 1976 were served after a long laps of time.
174 of 1970.
After the necessary investigation and companylection of material, the four accused were companymitted for trial to the companyrt of Session at Deoria, Uttar Pradesh.
The Judgment of the Court was delivered by PUNCHHI J. These two Criminal Appeals have companymon roots and are being disposed of together.
Prakash for the Respondents.
They have arisen in the following circumstances Vinod Kumar.
236 of 1971 preferred by Vidya Sagar.
Vidya Sagar, accused thereafter came out from the house while wearing an underwear with a blood stained knife in his hand and there after took to his heals.
read with section 34, I.P.C. The cause for charge under section 201 read with section 34 I.P.C. was that on interrogation made from Kapil Deo and Ramapati accused they pointed out a trunk, in which the dead body of Vinod Kumar was found companytained in a gunny bag, in a room of their house.
Since respondents in Criminal Apeal No.
The end result was the acquittal of Vidya Sagar accused.
