BABU Vs. STATE OF UP

JUDGEMENT

(1.) Challenge in this appeal by appellant Babu is to his conviction u/s 302 read with section 201 IPC and sentences of life imprisonment and four years RI respectively on both the counts recorded by Sessions Judge, Hamirpur, on 21.12.1983 ,in S.T. No. 221 of 1982, State Vs. Babu and others. Three other accused Lal Deewan, Bans Gopal and Beni however, were acquitted of those charges by the same decision.

(2.) In short, prosecution allegations against the appellant, as is contained in the written report, Ext. Ka 4, are that informant Girdhari, his deceased son Deen Dayal, Jag Mohan Lodhi and his daughter Urmila were co villagers being resident of village Dhamna, P.S. Rath, district Hamirpur. Appellant Babu r/o village Karaundhi, P.S. Jaria, district Hamirpur is the husband of Urmila. Girdhari required cement to lay down lintier of his roof. Appellant Babu had volunteered to make it available to the informant from his native village Karaundhi from culvert contractors. To fetch cement appellant came to the house of the informant and took the deceased with him on a cycle on Saturday 07.6.1980 but,since,cement could not be obtained therefore, deceased returned back to his house following day and intimated the informant that cement will be made available by Tuesday. He also told that he had left his cycle at the house of the appellant because of rain. Next Tuesday,10.6.1980 at 10 a.m. deceased Deen Dayal left for appellant's house of village Karaundhi to collect cement informing informant that, if cement will be available, he will transport it in a bullock cart. Deen Dayal did not return by the evening, therefore following day morning 11.6.1980(Wednesday) informant came to village Karaundhi at appellant's house in his search but could not find either of them. Urmila, appellant's wife blatantly denied Deen Dayal visiting her house and leaving his cycle there. Informant thereafter searched Deen Dayal in his relatives abodes and in-laws house and ultimately, left with no option, lodged a missing report at P.S. Rath, Hamirpur on 16.6.1980 at 5 p.m, which was registered at GD No. 15 by Const. Maharrir Babu Ram Pal, PW7, vide Ext. Ka 12.

(3.) S.I.Kripal Kuril, PW 6, in whose presence report was registered, interrogated informant and came to know that appellant resides in village Dhamna and therefore he came to village Dhamna but appellant was not traced out. S.I. stayed in Dhamna village the whole night and next day morning, accompanied by informant and witnesses Kashi Prasad and Munni Lal went to appellant's village Karaundhi, where he apprehended the appellant, whose interrogatory disclosure statement deciphered Deen Dayal's murder, as appellant confessed that he along with Lal Deewan Lodhi, Bansh Gopal Chamar, and Beni Kori (three acquitted accused), had annihilated Deen Dayal in the intervening night of 10/11.6.1980, and had buried his corpse in Bhairav Nala. I.O. accompanied by other persons including village pradhan, Karaundhi, then, came to Bhairav Nala, north of village Karaundhi, from where appellant exhumed corpse of Deen Dayal lie buried under date palm branches and mud. Informant, Munni Lal and Kashi Prasad identified the dead body to be that of the deceased. I.O. prepared it's recovery memo which was signed by the informant as well and he has proved his signature of the said memo Ext. ka 3. Hands and neck of the corpse were tied from back with the help of a string. Being sure that his son was murdered by the appellant and his associates that the informant got the FIR, Ext. Ka 4 scribed through Kashi Prasad on 17.6.1980, following day of the recovery of the dead body, covered a distance of 11 km., and lodged his written report Ext. Ka 1 at P.S. Jaria, district Hamirpur at 7 p.m., which was registered as Crime No. 78/80, u/s 302/201 IPC.