MALKEET SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS Criminal appeal arises out against the judgment and order passed by III Addl.. Sessions Judge, Nainital dated 17 -05 -1988 convicting the appellants u/s 364/34, 302/34 and 201/511 I.P.C. and sentencing them to life imprisonment u/s 364/34 I.P.C. and again life imprisonment u/s 302/34 I.P.C. and five years rigorous imprisonment u/s 201/511 I.P.C.

(2.) THE prosecution case, in brief, is that on 01 -01 -1987 deceased Surender Singh who was running a shop of photographer at Majhola, P.S. Khatima had gone with the accused/appellants Malkeet Singh, Surendra Singh and Deepa @ Daleep Singh (hereinafter called as appellants). Surender Singh, the deceased, after going with the appellants, did not come back to his shop. At 2:30 p.m. when the deceased Surender Singh left the shop, he asked Narender Singh, his maternal uncle who was by chance present at his shop, to look after the shop till he comes back. Narender Singh was informed by someone that Surender Singh had been murdered and his body was lying over the field of one Naseeb Singh in village Haldighera Farm. Narender Singh went at the scene of the occurrence and saw that Surender Singh was lying dead over the plot belonging to Naseeb Singh.

(3.) ONE Mehal Singh (PW4) informed the informant Gurubachan Singh with regard to the murder of his son Surender Singh on 01 -01 -1987. The complainant Gurubachan Singh immediately reached at the spot and thereafter got the written report scribed by one Balbinder Singh and went to the police station in order to lodge the same. The first information report of the aforesaid incident was lodged at police station on 01 -01 -1987 at 7:15 p.m.