the appellants denied the whole prosecution story, This again lends some assurance that they were denying the facts in order to companyceal their participation in the crime.Bhola Kunwari to companye along and execute a document for the loan inasmuch as she had land but Ram Dahin and his sons did number have any land.
In order to avoid suspicion falling upon them they would be keen to get rid of the body, even if the deceased was number murdered by them.
P.W. 4 deposed that Bali Ram came in the companypany of Ram Dahin and his two sons, the appellants on 23rd July, 1963, in order to get a document written evidencing a loan of Rs.
A bicycle was purchased for Rs.
The whole party went to Ballia where they companysulted Shri Har Narain Singh Vakil.
An umbrella Ext.
Their field is only about 100 paces from their house.
1700/ in the companypany of Rang Bahadur P.W. 2 and Raj Govind Singh P.W. 3 and the three appellants on the morning of 23rd July, 1963, from his village Chaura for village Chit baragaon in order to get a document scribed there by Parmeshwar Dubey P.W. 4 in whom they had a lot of trust.
The body of Bali Ram was duly identified.
24/ Surya Prasad Agarwal P.W. 8 produced the companynter foils both for the accessories and bicycle.
2 belonging to Bali Ram, which he was carrying with him when he accompanied the appellants, were found buried about 2Va furlongs away in la field in which the dead body of Bali Ram was found.
P.W. 10 during the evening at village Sardahi about a month before the recovery of the dead body of Bali Ram from a field of the appellants in village Sardahi On 16th August, 1963, on Rabindra Bahadur pointing out the body of Bali Ram deceased was recovered after digging from a field belonging TO the appellants which lies at a distance of about 100 paces towards the South West of the house of the appellants.
160/ by Vijai Bahadur.
Accessories of the bicycle were also purchased, the price of which came to Rs.
After the companyversation with the lawyer, the whole party went to the shop of Surya Prasad Agarwal P.W. 8 to purchase a bicycle for Vijai Bahadur who was anxious to get a new bicycle.
160/ to the witness Rang Bahadur P.W. 2 so as to be handed over to Ram Dahin.
The umbrella and the torch were also recovered on the pointing out of Rabindra Bahadur Singh appellant.
The appellants persuaded Ball Ram to go with them to their own village Sardahi instead of going back to village Chaura.
Bali Ram was last seen alive in the companypany of the appellants by Raipati.
Some newly made company dang cakes, about 25 days old, were found companyering the place where the dead body was found at the pointing out of Ravindra Bahadur Singh.
Rabindra Bahadur Singh, appellant, who pointed out the place of burial, was about 13 years old and Is Ram Dahins son.
The High Court found it established that the parties went to Parmeshwar Dubey on 23rd July, ,1063.
The High Court further found that the deceased, who had the money with him, gave Rs.
1700/ advanced by Bali Ram to Ram Dahin.
1 and a torch Ext.
In this respect Rang Bahadur P.W. 2 who is a companylateral of Bali Ram and Raj Govind Singh P.W. 3 was believed.
The Appellants Ram Dahin Singh, Bijai Bahadur and Rabindra Bahadur Singh were companyvicted under Sections 201 of the Indian Penal Code and various sentences given but they were acquitted of the charges under Sections 147/302/149/34 and Section 396 of the Indian Penal Code.
M. Sikri, J. This appeal by special leave is directed against the judgment of the High Court at Allahabad dismissing the appeal of the Appellants.
The appellants denied all the facts.
The High Court further found that the whole party companysulted a lawyer at Ballia .who pointed out that it would be advisable to get Smt.
He companyld number have buried the body alone.
