SURJIT SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Both these appeals arising out of the same judgment were taken up for hearing together and are being disposed of by this common judgment.

(2.) The accused/Appellants have been convicted by the judgment and order dated 11 -2 -1988, passed by Addl. Sessions Judge, Nainital, in S.T. No. 131/1984, whereby both the Appellants were convicted Under Sec. 302/34 I.P.C. and were sentenced to undergo imprisonment for life and to pay a fine of Rs. 2000/ - each and in default of payment of fine to further undergo four months S.I. Appellant Surjit Singh was further convicted Under Sec. 25 of the Arms Act and was sentenced to undergo three months R.I. All the sentences were to run concurrently.

(3.) Briefly stated the prosecution case is that on 13 -11 -1985, complainant Khim Singh lodged a written report, Ext. Ka. 1 at the Police Station, Kaladhungi with the allegations that on 12 -11 -1985 ras had gone to Village Haripura and at about 10 P.M. he returned to his house from Haripura then he saw that his younger brother Vinod Kumar was lying dead due to injuries on his person and on enquiry Dhyan Singh his another younger brother, his sister and children told him that at about 6 P.M. accused Surjit Singh and Anand Sherpa took Vinod Kumar to the plot. At about 9.30 P.M. Lachhaman Singh told them that shrieks of some person were coming out from a plot where chowkidars live and on this information his brother Dhyan Singh and Madho Ram, a neighbour and his sister Padma Devi rushed to the spot and they brought his brother to the home whose condition was precarious and after some time, he breathed his last. On the basis of the written report, police registered a case Under Sec. 302 I.P.C. against the accused parsons on 13 -11 -1985 at 7.30 A.M. Thereafter, J.S. Aswal, S.O. alongwith other police personnel proceeded to the spot for investigation. The S.O. prepared Panchayatnama, Ext. Ka. 2 of the dead body in the presence of witnesses. The dead body was sealed on the spot and sent for postmortem. The police also took into possession bloodstained clothes of the deceased, viz. an old pant, one shirt, under shirt (material exhibits 2, 3 and 4) and prepared recovery memo, Ext. Ka.3. The Police also took possession of sweater (jersey) (Ext. 1) of the accused Surjit Singh from the spot, vide recovery memo, Ext. Ka.4. The I.O. also took into possession the simple and blood -stained earth at the spot (material Exts. 6 and 7) vide recover/memo Ext. Ka.5. On 13 -11 -1985 the I.O. arrested the accused Surjit Singh and during interrogation he confessed his guilt and recovered the weapon of assault, i.e. knife (Ext.5) at the pointing of accused Surjit Singh from nearby the place of occurrence, hidden underneath the grass. The I.O. prepared recovery memo Ext. Ka.6 and sealed the knife and submitted it at the police station, entry of which was made in the G.D. by the Head Constable Gopal Dutt, copy of which is Ext. Ka. 10. The I.O. also prepared site -plans, Ext. Ka.11 of the place of the occurrence and Ext. Ka.12 of the place from where the accused Surjit Singh handed over the knife to the I.O. The recovered articles were also sent to Agra for chemical examination. On completion of investigation the I.O. submitted charge sheet, Ext. Ka. 13 against the accused persons.