SHYAMBIR SINGH Vs. STATE

JUDGEMENT

(1.) This jail appeal has been filed against the judgment and order dated 18.9.1997, passed by IIIrd Additional Sessions Judge, Aligarh in Sessions Trial No. 420 of 1996, whereby the Appellant Shyambir Singh was convicted under Sections 302 and 201, I.P.C. and sentenced to undergo imprisonment for life under Section 302, I.P.C. and R.I. for 10 years under Section 201, I.P.C. Both the sentences were ordered to run concurrently.

(2.) The incident took place on 13.11.1995 at about 7.00 a.m. in the house of Kamar Pal Singh in mohalla Bhujpura, P.S. Kotwali, district Aligarh. The F.I.R. Ex. Ka-1 was lodged by the complainant Bhallu (P.W. 1) on 15.11.1995 at 17.45 hours at P.S. Kotwali, district Aligarh. The distance of police station from the place of occurrence is two kilometres.

(3.) The prosecution story, as unfolded in the F.I.R. is that on 13.11.1995 at about 7.00 a.m., the complainant Bhallu (P.W. 1) was sitting at his house alongwith Zahid Ali (P.W. 2), Naeem. his elder brother Bhurey Khan and tenant Anwar. His neighbour Shyambir called Bania, the son of the complainant, aged about 8 years to his house to bring beedi and match box. Thereafter, the complainant and his companions got busy in their work. Bania did not return home till evening. A search was made, but the boy could not be found. Later on, the complainant came to know that Shyambir was detained in jail on 13.11.1995 itself after surrendering in some case. On 15.11.1995 at about 5.30 p.m., the complainant went to the house of Kamar Pal Singh, the uncle of accused Shyambir and found the dead body of Bania in the latrine gutter of Kamar Pal Singh. On the basis of the written report Ex. Ka-1, Case Crime No. 246 of 1995 under Sections 302 and 201, I.P.C. was registered against the Appellant by head moharrir Ravindra Singh.