Virendra Kumar PW 1 was a lawyers clerk.
After the investigation, charge sheet was filed.
The trial Court then numbered the topography of the area as also the houses of the witnesses.
However, in their presence, the accused persons dragged Deepak inside the nearby house at 128/22, C Block, Kidwai Nagar, Kanpur and shut the outside door.
As many as five ante mortem injuries were found on the dead body during the post mortem which was companyducted by Dr. Jugal Kishore Sharma PW 3 .
The High Court has given the reasoning that the FIR was lodged by the witness Virendra Kumar PW 1 on 11.4.93 itself at 6.40 p.m. Thus, if the incident happened at about 5 OClock in the evening, the recording of the FIR at 6.40 p.m. in a police station which was 8 Kms.
When Virendra Kumar PW 1 asked as to why his son was being beaten, it was told that Deepak had stolen some money.
The trial Court also numbered that the witness did number have paan at Pandit Jis Paan shop and proceeded towards the paan shop which was near the shop of the accused Rajesh.
After about half an hour, the three accused persons ran away.
While companysidering the evidence of this witness, who was an eye witness and father of the unfortunate boy, the trial Court held that Virendra Kumar PW 1 and Dinesh Kumar who were the clerks of the advocate as also SK Srivastav the brother of Virendra Kumar PW 1 and Shyam Ji Pandey who himself was an advocate were residents of different places.
He also numbered that this witness had taken the name of Shyam Ji Pandey to be present in the crowd.
In addition to this, police witnesses were also examined.
This incident was seen by some others also.
However, Rajesh refused to leave him and threatened that if he does number go he would also be assaulted.
The trial Court also numbered that there were about 100 150 persons gathered when the door was shut by the accused persons and that when the accused persons escaped by opening the door numberody tried to catch them.
It was on this basis that the First Information Report was given in their hand writing after it was prepared.
The investigation was taken up by Chandra Shekhar Yadav PW 4 .
On this Virendra Kumar PW 1 said that he would inform the police but waited.
The accused abjured the guilt.
The appellate Court companyld number have upset the judgment and companyvicted the accused persons.
Deceased Deepak was the son of Virendra Kumar PW 1 .
Virendra Kumar PW 1 requested the accused persons to let the child go as they had already beaten him severely.
He also held that the companyduct of Virendra Kumar PW 1 was unnatural.
On being asked, the accused Rajesh replied that Deepak had stolen his money and even after requests by the witness, Deepak was number being released and, therefore, Virendra Kumar PW 1 made hue and cry that the would inform the police.
Virendra Kumar PW 1 and others kept on shouting from outside.
On internal examination his hyoid bone was found fractured.
Virendra Kumar PW 1 then informed the police by lodging an FIR.
Deepak was made to take the posture like a companyk murga and two bricks were kept on his back.
While Rajesh was pressing bricks and Mohan was slapping his son which he did twice.
When he and his brother S.K. Srivastav, an advocate, were going for having paan at the paan shop near Pico centre belonging to accused No.1, Rajesh, they saw that the three accused persons were beating Deepak.
Thereafter, the trial Court observed that there were 3 4 paan shops including one Pandit Jis Paan shop.
All the three accused persons dragged Deepak to house No.128/21, C Block, Kidwai Nagar, Kanpur which was the house of accused No.3, Mohan Singh.
When Virendra Kumar PW 1 and others went inside they saw that the boy was hung with a hook in the ceiling.
His feet were dangling at the height of 4 5 feet from the floor and he was dead.
It was after about half an hour that the accused persons opened the door and the three accused persons fled away towards a square known as Chalis Dookan Chauraha.
This incident was seen by Brij Bhan Singh, Shyam Ji Pandey and Dinesh Kumar also.
away from the spot of occurrence companyld number be said to be late reporting.
As per the opinion expressed, the boy died due to asphyxia as a result of throttling.
They companyfined him inside and shut the door.
Rajesh was hitting him with those bricks and the hands and feet of the boy had been tied and accused Najai was hitting him with a can.
The prosecution examined Virendra Kumar PW 1 , Shyam Ji Pandey PW 2 as eye witnesses while Dr. Jugal Kishre Sharma who had companyducted autopsy on the dead body of deceased was examined as PW 3.
When the witnesses entered the room, they found Deepak was hanging with the rope and was dead.
His legs were dangling at 4 5 feet above the floor.
S. SIRPURKAR, J. The judgment passed by the High Court allowing the appeal against acquittal and companyvicting the appellant for the offence under Section 302 read with Section 34, IPC is in challenge in this appeal.
The three appellants, Rajesh Singh accused No.1 , Najai Srivastav accused No.2 and Mohan Singh accused No.3 came to be tried by the trial Court on the allegation that they had companymitted murder of a young boy Deepak on 11.4.1993 in the evening at about 5 OClock.
