GULAB SINGH Vs. STATE

JUDGEMENT

(1.) This appeal has been directed against the judgment and order dated 30-6-1980 passed by Sessions Judge, Bijnor, in Sessions Trial no. 119 of 1979 convicting the appellant under Section 364 I.P.C. and sentencing him to undergo R. I. for a period of 10 years.

(2.) The prosecution story, briefly stated, was as under :- Satya Prakash deceased (25) was son of Umrao Singh (P.W.-1) an Assistant Driver on Diesel Engine at Moradabad Railway Station and brother of Virendra Pal Singh (P.W. 4). Satya Prakash deceased was serving as Fire Man 'C' Grade in the railway department and at the time of occurrence he was posted at railway station Najibabad, district Bijnor. Virendra Pal Singh (P.W.-4) was residing at his native village Kumhar Pura, P. S. Haldaur, district Bijnor. Satya Prakash deceased was married with Smt. Shila Devi (P.W.-3), After marriage of Satya Prakash with Smt. Shila Devi (P.W. 3), he developed illicit relationship with Kamlesh, younger sister of his wife Smt. Shila Devi (P.W.-3). The father of Kamlesh settled her marriage, but Satya Prakash was pressurising his father-in-law to marry Kamlesh in his own village Kumharpura, so that he might have easy access at her house. But marriage of Kamlesh was performed with Gulab Singh, appellant, three years before the occurrence of this case. Even after the marriage of Kamlesh with Gulab Singh, appellant, Satya Prakash continued his illicit connection with her. A year before the occurrence of this case, Gulab Singh came to know about the illicit connection of his wife with Satya Prakash deceased. On 22-12-1978 the deceased performed his duty from 16 hours to 24 hours. Thereafter, he came in running room to sleep. Gulab Singh appellant along with his friend Harpal Singh also came in running room on the night of 22/23-12-1978 to meet Satya Prakash. Gulab Singh appellant persuaded Satya Prakash deceased to go to his relations at village Kumharpura they left running room at 5 A. M. On the morning of 23-12-1978 at about 5.30 A. M. Satya Prakash deceased and Gulab Singh appellant and two other persons took tea at tea stall of Najibabad Railway Station. Mangat Singh (P.W.-5) met them and he enquired from Satya Prakash as to where he was going in the cold night. He told that he was going with Gulab Singh appellant to his relative. Thereafter, Satya Prakash deceased was not seen alive. On the night of 24/25-12-1978 Virendra Pal Singh (P.W.-4) brother of Satya Prakash deceased was sleeping at his flour mill. At about 10 P. M. he woke up for urination. He observed that a paper pressed with a brick was lying on chabutara of the flour mill. He took the paper (Ext.-1) and found that photograph of Satya Prakash deceased, which was pasted on his identity card, was pasted on the letter and it was mentioned in the letter that Satya Prakash has been kidnapped and he would be released in case a sum of Rs. 10,000.00 cash is provided till 5 P.M. on 25-12-1978 at Chandi temple, otherwise he would be killed. There was also warning in the letter that in case police or any other person of the village was informed, dead body of Satya Prakash would be found. Taking the above letter (Ext.-1) Virendra Pal Singh (P.W.-4) came to Najibabad Railway Station at about 11 A. M. where he was informed that Satya Prakash was missing after duty hours on the night of 22-12-1978. Thereafter, Virendra Pal Singh (P.W.-4) came to Najibabad railway station to inform his father. By chance Umrao Singh (P.W.-1) reached Najibabad Railway Station in a diesal goods train on 25-12-1978 at about mid day and found his son Virendra Pal Singh (P.W.-4) and his brother Jitendra present at the Railway platform. They told him about the missing of Satya Prakash from duty and receipt of letter (Ext.-1) at the flour mill. Umrao Singh (P.W.-1) prepared report (Ext. Ka-1) and came to Superintendent of Police, Bijnore along with the letter. He handed over his report to Superintendent of Police, who endorsed to the Deputy Superintendent of Police concerned. Umrao Singh (P.W.-1) came to Deputy Superintendent of Police, who endorsed to P. S. Najibabad. He came to P. S. Najibabad and handed over letter to the Station Officer on 25-12-1978 at 9.30 P. M. On the basis of above report (Ext.Ka-1) Constable Chakradhar Prasad prepared chik F.I.R. (Ext. Ka-4) made an endorsement of the same at G. D. report (Ext. Ka-5) and registered a case against the appellant under Section 365 I.P.C. The investigation of the case was taken up by Sri Narain Singh (P.W.-9), Station Officer, P. S. Najibabad. He interrogated Umrao Singh (P.W.-1) at the police station. On 26-12-1978 he interrogated Ajmer Hasan (P.W.-2), Virendra Pal Singh (P.W.-4), Mangat Singh (P.W.-5) and Devi Singh (P.W.-7) at Najibabad Railway Station. Thereafter, he reached the house of deceased, where he interrogated Smt. Shila Devi (P.W.-3), wife of Satya Prakash. He prepared site plan (Ext. Ka-6) of the place of recovery of letter. On 27-12-1978 the I. O. searched Gulab Singh appellant, but he could not be traced. However, he came to know that on 25-12-1978 Gulab Singh was sent to District Jail, Bijnore on a fake name Ram Kumar, S/o Nathhu Singh Chauhan, R/o Umari Khadana, P. S. Dhampur (Moradabad) under Section 25 Arms Act relating to P. S. G. R. P. Haldaur. On 28-12-1978 he met Gulab Singh in the District Jail, Bijnore and interrogated him. Gulab Singh appellant told the I. O. that he and his associate Harpal Singh had concealed Satya Prakash. The I. O. obtained police custody remand of Gulab Singh appellant from Chief Judicial Magistrate, Bijnore. On 29-12-1978 the I. O. again enquired Gulab Singh appellant, who told that he would get the dead body of Satya Prakash deceased recovered. The I. O. collected witnesses and the appellant took police party and witnesses to the jungle of village Alawalpur Nainu. There he got recovered the dead body of Satya Prakash deceased from sugarcane field of Raghubir Singh. The I. O. prepared recovery memo (Ext. Ka-7). He conducted inquest of the dead body and prepared inquest report (Ext. Ka-8) and other relevant papers. He also prepared site plan (Ext. Ka-12) of the place of recovery of the dead body. The I. O. also took into possession blood stained and simple earth from the spot. The dead body was to be identified by family members of deceased, therefore, unsealed dead body was brought to police station, where colleagues and family members of the deceased identified his dead body. Thereafter, dead body was sealed and sent for post mortem. The case was, accordingly, altered under Sections 302 and 201 I. P. C., vide G. D. report (Ext. Ka.-13) on 29-12-1978. The autopsy on the dead body of Satya Prakash deceased was conducted by Dr. Ram Kumar Nigam (P.W.-8) on 30-12-1978 at 12.50 P. M. The Doctor found following ante mortem injuries on the person of the deceased. 1. Incised wound 1/2 cm X 3/4 cm X muscle on the right side at the base of jaw on its posterior half portion. 2.Incised wound 2 cm X 3/4 cm X skin on the upper most part of the neck on the right side. 3.Incised wound 4 cm X 2 1/2 cm X skin on the left jaw. The Doctor also found following post- mortem injuries on the person of the deceased. 1. Lacerated wound 7 cm X 6 cm X bone on left side of face. 2. Lacerated wound 3 1/2 cm X 3 cm X bone on the nose covering both sides of nose. 3. Lacerated wound 7 cm X 5 cm skin on the forehead. 4. Lacerated wound 4 cm X 4 cm X muscle on left ear region. Left ear was absent. 5. Lacerated wound 2 1/2 cm X 2 cm X skin on the posterior aspect of left greater toe. 6. Lacerated wound 1 cm X 3/4 cm X skin on posterior aspect of left second toe. 7. Lacerated wound 5 cm X 4 cm X skin on left heel inner aspect. 8. Abrasion 12 cm X 4 cm on inner aspect of left leg in upper 3/4th portion. 9. Lacerated wound 3 cm X 1 cm muscle on right ear on lower part of posterior aspect. 10. Abrasion 3 cm X 3 cm on middle third of right leg. The internal examination showed that brain membrances, larynx, trachea and bronchi was congested. Right and left lungs were congested. Stomach was congested and contained 4 ounce reddish black colour liquid. Spleen and kidneys were congested. The Doctor opined that post-mortem injuries on the person of the deceased could have been caused due to snatching of flesh by wild animals and birds. The ante-mortem injuries could have been caused by some light sharp edged weapon such as knife. The cause of death could not be ascertained and viscera was preserved. The Doctor further opined that cause of death was suspected poisoning and death would have been caused one and half days prior to conducting of post mortem. The Doctor prepared post-mortem report (Ext. Ka-3). The I. O. searched Harpal Singh, but he was not traceable. On completion of investigation the I. O. submitted charge sheet against the appellant Gulab Singh alone on 22-2-1979.

(3.) The appellant was tried for the offences punishable under Sections 364, 302 and 201 I. P. C. by the Sessions Judge, Bijnore. He pleaded not guilty and contended that he was falsely implicated under the pressure of his father-in-law, who had taken ornaments of his wife Smt. Kamlesh and wanted to marry her at some other place.