BHOPAL Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by the accuse Bhopal against his conviction for the offence under section 302 IPC on the allegation that in the night between 15th and 16th May, 1989, he committed the murder of his brother Sumer Chandra (deceased). Bhopal was convicted by the. Sessions Judge, Haridwar vide judgment dated 21st June, 1993 against which, there was an appeal file in the year 1993 before the Allahabad High Court, which was transferred in this Court in the year 2001 and so now numbered as CRJA No. 264 of 2001

(2.) THE prosecution story is in th­extremely narrow conspicuous. The accused Bhopal was a kind of an outlay who used to do nothing, but used the stay with his father and mother Smt. Mungia. On 16.5.1989, a report came to be made to Police Station Pathri, District Haridwar, in which, it was stated by Smt. Mungia, the mother of the accused Bhopal that she had two sons, namely, Sumer Chandra (de­ceased) and Bhopal (accused) and Sumer Chandra (deceased) used to live separately with his wife and children, while Bhopal (accused) was a kind of vagabond person, who used to beat her and his father also. It is further stated in the report that on that night while Sumer Chandra (deceased) and his children were sleeping in front of his hut, at about 12 or 1' O'clock, she r heard the shouts of Sumer Chandra's children and therefore, she went to­wards Sumer Chandra's house, where (she saw her son Bhopal (accused) run­ning in her direction, who was also is armed with a Gandasa. It is further suggested that she created a din and asked the children, at that time, the children told that Bhopal (accused) had ran away after he had injured Sumer Chandra (deceased) with Gandasa. It has also come in the report that Bhopal (accused), at that time, was not home. This report seems to have been written by one Yashpal Singh and bears the thumb mark of Mungia.

(3.) THE prosecution, in its support, examined Smt. Mungia (PW 1) and Raghuveeri (PW 2), who were the re­lation witnesses, while Yashpal Singh (PW 3) was examined, who proved the First Information Report since he was the scribe thereof. Dr. Yashwant Singh Bisht (PW 4) has also been examined to support the theory that the deceased died a homicidal death. The other three witnesses are the police witnesses, out of whom, R.S. Sarashwat (PW 7) and Phool Singh (PW 8) are the Investigat­ing Officers.