There the party met the Mallahs who were the boatmen.
The crucial question is the intention with which the appellant took the wrist watch, the gold ring and the cash.
The High Court upheld the order and judgment of the Assistant Sessions Judge, Faizabad companyvicting the appellant and sentencing him to 5 years rigorous imprisonment under Section 394 rigorous imprisonment under Section 404 of the Indian Penal Code and 3 years rigorous imprisonment under Section 218 of the Indian Penal Code.
17.75 all of which soon after, had been taken away by the appellant from Daya Ram, after beating and threatening him and whether the appellant had further directed that the facts should number be disclosed and the dead body should be thrown into the current of the river.
The appellant replied that Daya Ram was telling a lie.
The appellant went to his house and brought the wrist watch, and the gold ring and made over the same to PW6 Sri Jagdamba Singh companyfessing before the party m terms of Daya Rams version and said that he had spent the cash.
This is an appeal by special leave from the judgment dated 16 January, 1969 of the High Court at Allahabad.
There was also the evidence of PW, 8 Munnu Mallah and P.W. 9 Daya Ram himself that the articles were given after the appellant had slapped Daya Ram.
They made enquiries at the place.
At the instance of Shanker Singh the general diary of the Baghanala police outpost relating to 12 April, 1965 was shown.
On 10 April, 1965 which was Ram Naumi day a large number of persons had companye to Ayodhya to have a dip in the holy river Saryu and a Darshan of the temples.
At the trial both those witnesses however said that the appellant gave slap to Daya Ram and got the articles from the latter.
The party went to Vikram Jot.
The entry was made by D.W. 5 Pradumna Misra on 12 Ap.il, 1965 at about 9.40 p.m. on the return of companystable Ram Bihari Singh to that police station.
The appellant was head companystable at the police out post Beghanala under the police station Chhaoni in the District of Basti, Utter Pradesh.
Shanker Singh and his party took possession of the wrist watch and the gold ring and went to police station Chhaoni PW 2 Sri Bhiigu Narain Dwivedi, an Advocate who was with Shanker Singh in the party wrote out the report and lodged the same.
Bachchan Lal Srivastava, an Advocate and his brother Trilkoi Nath Srivastava an Overseer and Bachchan Lal Srivastavas clerk Jugal Kishore and two other Advocates Shri Shanker Singh P.W. 1 and Shri Jagdamba Prasad Singh P.W. 6 were pilgrims to the river Saryii oh that day.
They were Munnu Lal Mallah, P.W. 8 and Daya Ram Mallah P.W. 9 and Jassi Mallah.
Constable Kidar who was companyaccused with the appellant thereupon took the appellant aside and advised him to hand over the wrist watch, gold ring and cash to Shanker Singh.
They gave information to the search party that some dead bodies were seen near Vikram Jot village.
The diary showed that the police left the out post at 6.40 a.m. on 12 April, 1965 in search of dead bodies and the police party returned to the out post at 6.
The bridge gave way.
Their dead bodies companyld number be recovered.
There was a large crowd on the bridge over the river.
The party went inside the police out post Baghanwala and met the appellant.
Shri Shanker Singh, P.W. 1 and his companypanions recognised from the teeth of the dead body to be that of Bachchan Lal Srivastava.
The appellant denied the story.
A person gave information that the dead body of a stout person wearing white bush shirt and a pair of steel companyour terrylene trousers had been found near Sahjaura Pathak village and a wrist watch, a gold ring and some money had been recovered from the body by certain boatmen but the same had been taken away from the boatmen by some one in the police.
The sentences were to run companycurrently.
A search party met the Deputy Inspector General of Police and the Commissioner of Division on 12 April, 1965.
The party was headed by Shri Shanker Singh, ADVOCATE P.W. 1 and along with him was his client Sri Ram P.W. 12 who was Up Pradhan of the village.
A belt, an underwear and a pair of trousers were still on the body.
The articles recovered from the dead body were deposited by the companyplainant with the station Officer.
The search party along with the chowkidar and the person who gave information proceeded to village Sahjaura Pathak.
Counsel on behalf of the appellant submitted that the intention of the appellant was number dishonest Esc PAY 10 Ram Chandra and P.W. 11 Kishore had both stated when examined under Section 164 of the Criminal Procedure Code that Daya Ram had made over the articles to the appellant voluntarily and without being beaten and Daya Ram was slapped after he had given the articles.
The party thereafter went to the police out post Baghanala along with Daya Ram P.W. 9 Daya Ram P.W. 9 was one of the Mallaha.
The Srivastava brothers and the clerk were drowned.
Shanker Singh thereafter told the appellant that he would go to the higher authorities for action.
p.m. with the narration that numberdead body was recovered on that day.
Daya Ram P.W. 12 showed the dead body which had been reduced to bones by vultures.
Many persons were drowned.
The party was taken by the three Mallahs on a boat across the river.
The party carried the dead body to village Sahjaura Pathak.
The defence of the appellant was that he took the wrist watch, the gold ring and the cash from Daya Ram on companying to know that the latter had recovered the same from the dead body and the appellant kept the same whh himself having sent information the Station Officer of Police Station Chhaoni through companystable Ram Bihari Singh attached to Chhaoni Police Station.
Thereupon Shri Shanker Singh, P.W. 1 called Daya Ram who narrated the facts including the version that the appellant had threatened that the facts should number be disclosed to anyone that the dead body should be thrown into the current of the river.
Shri Shanker Singh enquired from the appellant if any dead body had been recovered that day from the river from which Daya Ram had removed a wrist watch, a gold ring and Rs.
The High Court upheld the companyviction and sentences passed by the Sessions Court.
