MURLI AND OTHERS Vs. STATE

JUDGEMENT

(1.) Murli, Malkhan and Bedi have filed this appeal against the order of the Sessions Judge, Budaun, convicting them u/Ss. 364/34 and 201 IPC and sentencing each of them to rigorous imprisonment for ten years, imprisonment for life and rigorous imprisonment for three years respectively under each count. The Sentences u/Ss. 364 and 201 IPC are directed to run concurrently with the sentence u/S. 302/34 IPC but otherwise consecutively. The case of the prosecution in brief was that in village Majhola there lived an old man named Gokul. He had no son. He had two daughters who were married. He had kept one of them at his house. Her husband used to live at his own house but occasionally came to the village and lived with Gokul. This daughter of Gokul had a son named Nathu aged about eleven years. About twenty -five days prior to the date of incident, this boy was kidnapped by Murli, Malkhan and Bedi appellants and they demanded a high ransom for his release. On persuation by the villagers the amount of ransom was reduced to Rs. 500 and the boy was returned after day. Gokul paid Rs. 200 and promised to pay the balance later. He however did not pay it. As the matter came to be known to the people of the village, Murli asked Gokul to pay up the balance money immediately and also threatened that on his failure to pay, Nathu would be killed. On 16 -7 -1967, at about 4 p.m. while Nathu was grazing his she buffalo near the "Bheri Wala Tal" the three accused Murli, Malkhan and Bedi came there and kidnapped him. Vedram, another boy who was grazing his cattle nearby, was threatened by the accused. Vedram ran to the village and met Pemi and Birbal and related the incident to them. Information was also given to Gokul, who along with Pemi and Birbal went to Balkishan, the Pradhan of the village and asked him to take steps to recover the child. Balkishan asked them to wait till the villagers returned from the fields. Gokul remained sitting with Balkishan under a Neem tree while Pemi and Birbal went to their Ghers. At about sunset Pemi and Birbal saw Murli, Malkhan and Bedi accused carrying the dead body of Nathu towards the "Bheri Wala Tal." The body was on the shoulder of Bedi and the other two were accompanying him. They raised an alarm and chased the accused. On hearing the alarm Zalim and Asha Ram also rushed towards the accused. On seeing them the accused threw the dead body in the water of the Tal and ran away. The body was immediately taken out from the pond and it was placed in the Gher of Birbal.

(2.) The first information report of the incident was lodged by Pemi, PW 4 at police station Zarifnagar, at 5.12 a.m. on 17 -7 -67, the distance of the police station being five miles. On the basis of this report the investigation proceeded. After preparing the inquest on the body of Nathu the investigating officer sent it for autopsy. He also found blood in the 'maraiya' in the gher of Malkhan accused. He collected the blood stained and unstained earth from the place and sent them for chemical examination. The original of the blood could not however be determined by the Serologist on account of disintegration.

(3.) The postmortem examination on the body of Nathu was performed by Dr. G.S. Gill on 18 -7 -67 at 7 a.m. He found the mouth open, the tongue coming out and blood oozing through the mouth, nostrils and left ear. The following ante -mortem injuries were detected by the doctor: