BHURI SINGH Vs. STATE

JUDGEMENT

(1.) THIS appeal arises out of judgment and order dated 9-6-1980 passed by the then V Additional Session Judge, Agra in Session Trial No. 476 of 1979 whereby the above mentioned appellants have been convicted and sentenced to life imprisonment under Section 302 IPC read with Section 34 of the Indian Penal Code.

(2.) THE murder of a boy aged about 8 years Nand Lal, led to the prosecution of the appellants Bhuri Singh and Summera. Nand Lal was the only son of Yad Ram PW-1 and at the relevant period he was studying in Primary School, Lal Darwaza, Fatehpur Sikri. It is said that on 5-3-79 he had gone to his school at 10 in the morning and when he was coming back home at about 4p. m. after the closure of school and had reached near the temple of Hanumanji, Kunwar Sahab son of Mehi Lal, appel lants Summera son of Jyoti Kachchi and Bhuri Singh son of Kesaria met him and they called Nand Lal and took him with them. This was seen by Ram Bharose and Churamani. When the child did not reach home upto 5 p. m. his father Yad Ram went out in search of his son alongwith some other persons and when he was not found he lodged a written report Ex. Ka-1 on the next morning on 6-3-79 at 9. 05 a. m. about the missing of his child. Constable clerk Shyam Lal PW-7 prepared check report Ex. Ka-5 on the basis of the written report of Yad Ram and registered the case in the General Diary whose copy is Ex. Ka-5. Sub-Inspector Jorawar Singh PW-8 was present at the police station when the FIR was lodged. He recorded the statement of First informant Yad Ram at the police station and of other witnesses on reaching the village of incident. At about 2 p. m. he got an information that accused Bhuri Singh was present near the crossing of Bharatpur road. He immediately rushed to that place and arrested accused Bhuri Singh. On interrogation the investigating officer came to know of the complicity of the said accused and other accused per sons. It is further alleged that Bhuri Singh appellant told the investigating officer that he could get the dead body of Nand Lal recovered from the place where the same was buried. THE investigating officer then came to that place alongwith accused and witnesses from where the dead body of Nand Lal was recovered at the instance of accused Bhuri Singh. Inquest was held and necessary papers were prepared. One wooden Takhti (a wooden plank used for writing purpose), one bag, two books, two holders, chalk sticks were also found with the dead body. THEse articles were taken into possession by the IO through memo Ex. Ka-8. THE Investigating Officer then visited the place where Nand Lal was said to have been murdered and from there he took into his possession blood stained and plain earth through memo Ex. Ka-4. THE Investigating Officer also made a site map Ex. Ka-11. He thereafter recorded the statements of Yad Ram PW-1, Bhagwant Singh PW-2, Sahib Singh PW-4, Pooran PW-5 and others. THE investigation was then taken over by Station Officer Virendra Singh who on 21-3-79 submitted charge-sheet against Bhuri Singh, Soni, Babu Lai, Kunwar Sahab and Summera.

(3.) IN the opinion of the doctor death had occurred due to shock and hemor rhage as a result of ante mortem injuries, post mortem report is Ex. Ka-13.