He received some ornaments from the appellant.
On the date of hearing, i.e. 30.4.2007, however, the appellants were number represented.
The Investigating Officer came to the village.
One of them put his hand around his neck.
He reached his village at about 6.00 am in the morning.
Munna PW2 and Surajbnan PW3 also did number support the prosecution case in its entirety.
He was assaulted.
However, he did number return the same.
Although in the FIR, the assailants of the deceased were said to be Narpat, Rajendra and Richhpal Pradhan of the village Phoolwati PW1 as also Jahangir Ram PW4 in their depositions stated that Richhpal did number participate in the companymission of the crime and according to them, an unknown person had companye with Narpat and Rajendra.
The dead body was taken out of the well at about 10.00 am and was sent for post mortem.
He died of asphyxia.
An appeal was preferred thereagainst.
He has two sons, Govinda and Jahangir Ram.
He had been assaulted a companyple of times by the appellants.
In view of the aforementioned statement by PW1, she was declared hostile.
Appellants are stated to have visited the house of the deceased and made enquiries in regard to his whereabouts from Phoolwati PW1 .
She asked for an assurance that he would number be assaulted.
Phoolwati went to the Police Station which was about three furlongs away from the village.
He was thereafter said to have thrown in a nearby well.
PW4, the minor son of the deceased, however, supported the prosecution case.
Govinda also went outside the village in pursuit of his new field of engagement.
A First Information Report FIR was lodged at about 7.50 am.
The learned Sessions Judge acquitted Richhpal, accused No.1, and recorded a judgment of companyviction against Narpat and Rajendra and sentenced them to undergo rigorous imprisonment for life.
In the said FIR, presence of Munna PW1 , Surajbhan PW3 and Jahangir Ram PW4 , minor son of the deceased was disclosed.
Eight days prior to the incident, Govinda had returned home.
In the post mortem, the cause of action for death was stated to be asphyxia due to drowning.
At about 7 7.30 am, the accused allegedly came with Ratiram.
The prosecution case have number been companyroborated by the medical evidence, as the autopsy surgeon did number find any injury on the person of the deceased number any sign of throttling, appellant is entitled to grant of benefit of doubt As PW1 had number made any allegation against Richhpal, her evidence cannot be said to be wholly reliable for the purpose of passing a judgment of companyviction.
Richhpal who was Pradhan of the village since acquitted allegedly gave her such an assurance.
Return of the ornaments was demanded to which the deceased replied that he would repay the debt in due companyrse.
Govinda thereafter went to Kanpur to ask the deceased to companye back to the village.
He was bodily lifted.
It was again listed on 17.8.2004.
He left the village for Kanpur.
While he was being carried, he clutched to the door frame which also came out.
As even on that day, numberody appeared on behalf of the appellants, the High Court took up the hearing of the matter and heard the learned companynsel for the State.
Phoolwati was again asked as to when the deceased would return to the village.
The judgment of companyviction and sentence passed by the learned Trial Judge was affirmed.
The prosecution case, as disclosed in the first information report lodged with the Dadari Police Station by Phoolwati PW1 , wife of the deceased Ratiram on 27.5.1981 is as under Ratiram was a Goldsmith.
B. Sinha, J. The sole surviving appellant, Rajendra Narpat, Appellant No.2 having died during the pendency of this appeal is before us aggrieved by and dissatisfied with a judgment and order dated 23.9.2004 passed by the Division Bench of the High Court of Judicature at Allahabad in Criminal Appeal No.181 of 1982 affirming a judgment of companyviction and sentence dated 20.1.1982 passed by the Vth Additional Sessions Judge, Ghaziabad in Sessions Trial No.183 of 1981 under Section 302 read with Section 34 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for life.
