GHAFUR DARZI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) All these appeals are directed against the judgment and order dated 5-7-1982 passed by II Additional Sessions Judge, Hardoi, convicting the appellants u/S. 302 read with S.34, IPC and sentencing each of them to rigorous imprisonment for life. All of them have further been convicted u/S.394, IPC and each of them has been sentenced to undergo three years' rigorous imprisonment. All the sentences have been directed to run concurrently. It may be mentioned that Criminal Appeal No.830 of 1982 has been filed by all the appellants through their learned counsel, while the other three appeals have been filed by each of the accused persons through jail. As all these appeals are against the same judgment and order, hence they are being disposed of by a common judgment.

(2.) The facts of the case, as disclosed by the prosecution, are that Subhan. son-in-law, of Smt. Batola deceased, complainant, lodged a written report Ext. Ka-1 dated 23-9-1981 at P.S. Tanalyawan, District Hardoi, at 10-20 a.m. The incident is alleged to have taken place on 22-91981 some time between 11 a. m. to 6 p.m. Smt. Batola was wearing a silver Sutia, in her neck weighing about 7 Canataks, valued about Rs.700 and a pair of silver Tadias in both the hands, weighing about quarter Seer, valued at about Rs. 500.00 St. Bitola deceased had gone at about 11 a.m., after taking her food, to look after the sugarcane field. Subhan complainant P.W. 1 stated for the village Baldeo for purchasing a goat. When Smt. Batola did not return to her house from the field till evening, Smt. Majidan P.W.3 sent her son Zahur to see the deceased. On reaching the field Zabur found that Smt. Batola was lying dead in the sugarcane field. He came back and informed Smt. Majidan some time in the evening Subhan P.W. 1 returned to the village and Smt. Majidan, his wife, told him that Smt. Batoia had been murdered in the sugarcane field. Thereupon, Subhan P.W .1 started for the sugarcane field and found that Smt.Batola was lying dead in the field and Tandias and Santa which she was wearing were not on her body. Thereafter, Subhan P.W.1 got a FIR, Ext. Ka-1, written by Ram Nivas Meera, and thereafter went to the police station where he lodged the FIR Ext. Ka-5 on 23-9-1981 in the evening. It was also mentioned in the FIR that Tadias and Sutia which Smt. Batola was wearing had been stolen. After registration of the case, the investigation was conducted by the police. After recording the statements of witnesses Batola, Malkha and Gulam Hussain, the investigating Officer came to the conclusion that the present appellants are involved in the murder of Smt. Batola, as they were seen near the sugarcane field hearabout the time of occurrence of this incident. The investigating officer at the time of preparation of Panchnama found one Tahmad near the body of the deceased. The appellants were searched by the investigating officer, but they could not be found. Accused Ghafur was arrested from his field on 25-9-81 at 4 a.m The investigating officer recovered blood-slained Kharoi, Ext. Ka-3 from the Ghoor of this accused on his pointing. Fard was prepared in the presence of the witnesses. Thereafter, he arrested Ram Sewak appellant on 25-9-81 at 10 a.m. and recovered Tadias Ext.- 1 and Sutia Ext. 2, which belonged to the deceased, and which according to the FIR were on her ex persons when she had left her house for her sugarcane field. Fard was prepared of these recovered articles. Thereafter, Rampal was also arrested by the investigating officer or 25-9-1981 at 1-35 p.m. and on his pointing out one bloodstained Tahmad was recovered from the Kothri of his house. The investigating officer also came to know that Rampal accused had confessed about his crime before Sadulla P.W. 7. Rampal also requested Sadulla P.W. 7 to help him in absolving himself from this crime. Thereafter, Sadulla P.W. 7 informed the investigating officer the same day that confession had been made by Rampal accused before him.

(3.) The investigating officer got the Tadias Ext. 1 and Sutia Ext. 2 identified from the witnesses. Sabhan P.W. 1 and Smt. Maldan P.W. 8 correctly identified both these articles in the identification parade. The investigating officer also sent blood-stained articles for chemical examination and examination by the Serologist. After completing the investigation the investigating officer submitted charge sheet. After recording evidence of the witnesses produced by the prosecution and after perusing the evidence of the prosecution, the learned IInd Additional Sessions Judge, Hardoi, came to the conclusion that all the three appellants had committed murder of Smt. Batola. With these findings, the learned IInd Additional Sessions Judge convicted and sentenced the three appellants as aforesaid.