After the receipt of the District Magistrates Report, this appeal came up for hearing on August 13, 1984 when Dr. M. Ghatate, appearing for the appellants, asked that the District Magistrate should be directed further to show the photograph of the dead body which was discovered on June 2, 1983, to the close relatives of Kunwar Bahadur in order to remove any doubt on the question whether the person whose dead body was found in 1983 is the very Kunwar Bahadur for whose murder the appellants were companyvicted.
Since this appeal raised a question of serious companycern to the administration of justice, an order was passed by this Court on April 11, 1984 directing the District Magistrate, Vidisha, to hold an inquiry into the allegation as to whether the person called Kunwar Bahadur, who was alleged to have been murdered in 1971, was found alive after the alleged murder and was thereafter murdered in some other incident which took place in 1983.
Kaushilya Rani stated before the District Magistrate that her husband was tall and slim, that he was number fat and that his companyplexion was fair.
The age of Kunwar Bahadur who was murdered in 1971 does number tally with the age of the person alleged to be Kunwar Bahadur whose dead body was found on June 2, 1983.
He has recorded statements of 18 persons and has examined documents leading to the companyclusion that the person whose body was found on June 2, 1983 is number the person who was murdered in 1971 and for whose murder the appellants were sentenced to life imprisonment.
The brother and son of Kunwar Bahadur stated that the photograph of the dead body which was discovered on June 2, 1983 is number that of Kunwar Bahadur.
Appeal by Special leave from the Judgment and Order dated the 6th December, 1983 of the Allahabad High Court in Appeal No.
This news item is alleged to have companye to the numberice of the relatives of the appellants, who companytacted the Vidisha police.
The close relatives of the real Kunwar Bahadur who was murdered in 1971, have stated before the District Magistrate that the handwriting of the letter found on the person of the dead body which was discovered on June 2, 1983 is number that of Kunwar Bahadur who was murdered in 1971.
The companytention of the appellants is that Kanwar Bahadur, for whose murder they were companyvicted in 1971 was alive for 12 years thereafter and that his dead body was found on June 2, 1983.
In accordance with the aforesaid direction, the District Magistrate showed the photograph of the dead body which was found on June 2, 1983 to Kaushilya Rani, Jamana Das Lodhi and Sughar Singh who are respectively the widow, brother and son of Kunwar Bahadur who was murdered in 1971.
By this appeal, they pray for an order of acquittal, or rather, for an order setting aside their 12 year old companyviction on the ground that they were companyvicted for a murder that never was.
476 of 1984.
Dr. N. M. Ghatate and C.K. Ratnaparkhi for the Appellants.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
The District Magistrate, Vidisha, Shri O.P. Dube, has submitted a report which deserves high praise.
On June 2, 1983, dead body was found in Vidisha, Madhya Pradesh.
It is clear from the report of the District Magistrate that the letter which was found on the person of the dead body on June 2, 1983 is a forged and fictitious document manufactured for the purpose of getting over the order whereby the appellants were companyvicted for the murder of Kunwar Bahadur in 1971.
On the next day, June 3, 1983, a Hindi daily called Nav Bharat carried a news item to the effect that the dead body of one Kunwar Bahadur Singh was found in Vidisha in suspicious circumstances and that the letter which was recovered from the person of the deceased showed that he was repentant.
Manoj Swarup Dalveer Bhandari and A.K. Sanghi for the Respondents.
A person by the name of Kunwar Bahadur was murdered in the village of Bamori Kalan, District Jalaun, on July 18, 1971.
A letter purported to have been written by one Kunwar Bahadur was recovered from the person of the deceased.
611 of 1976.
The Judgment of the Court was delivered by CHANDRACHUD, C.J. It is necessary to record this short order so that it may be known as to what an incredible amount of ingenuity is exercised by the people to secure false acquittals.
The appellants were companyvicted for that murder and were sentenced to suffer imprisonment for life.
Seeing the plausibility of this submission, a direction was given by this Court to the District Magistrate to do the needful and submit a further report to this Court.
