BADSHAH Vs. STATE OF U P

JUDGEMENT

(1.) Appellants herein are residents of village Salampur, Police Station Kuraoli, district Mainpuri in the State of Uttar Pradesh. They were accused of charges under Section 364 of the Indian Penal Code for commission of the offence of kidnapping and murder of one Suraj Pal Singh on 23-5-1980 at about 10.00 pm. They are resident of a village called Kherioa. The majority of the population of the said village either belongs to Yadav caste, to which the accused persons belong to, or Kumhar caste, to which the prosecution party belongs to.

(2.) A First Information Report was lodged by Pahalvan Singh, PW-1, brother of Suraj Pal Singh at about 5.15 pm on 23-5-1980 alleging that when the said Suraj Pal Singh along with PW-3, Ram Pal, Summer Singh, Khetal Singh and Puttu Lal were sleeping in their field where crops had been harvested and ready for thrashing, the appellants herein as also Buddhi (since acquitted) reached there armed with guns and caught hold of Suraj Pal Singh and bodily lifted him. Puttu Lal, Ram Pal and other persons who were present there, questioned the accused persons as regards their said conduct and being resisted thereto, they resorted to firing thereby creating panic amongst them. Allegedly, they also gave out that Suraj Pal Singh was being abducted for being killed. On hearing the hue and cry as also the sound of firing shots, the informant, Pahalwan Singh, came to the place of occurrence where the other prosecution witnesses narrated the incident to him. An abortive search was made for Suraj Pal.

(3.) The learned Trial Judge found the appellants guilty of commission of the offence under Section 364 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for seven years. However, accused No.6, Buddhi was acquitted.