GEETAM SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 24/04/1980 passed by the 4th additional and Sessions Judge, Saharanpur in Session TrialsNo. 126 of 1979 and 395 of 1979 convicting the accused appellant for the offences punishable under Section 302 I.P.C. read with Section 34 I.P.C. and Sections 364 and 201 I.P.C. and sentencing him to undergo imprisonment for life u/S. 302 read with 34 I.P.C. four years' R. I. u/S. 364 I.P.C. and two years R. I. under Section 201 I.P.C.

(2.) The prosecution case, in brief, is that Satish son of Brahma Singh aged about 12 years disappeared from his house on 19-2-1979 from 11A.M. Brahma Singh after making search returned to his house in the morning of 21-2-1979 when he saw a Pamphlet pasted on the door of his house. In the Pamphlet demand of ransom amount of Rs. 5000.00 was made for return of Satish. The amount was to be paid on 21-2-1979 at 7.00 p.m. at the well of Ramji Lal. The ransom note stated that if the police is informed then his son will not remain alive. Brahma Singh after geting the Pamphlet read immediately rushed to the police station and lodged first information report at 10.00 a.m. on the same day. Sub Inspector came to the village and took in his possession the camphlet. Kallan, the next door neighbour of Brahma Singh informed Brahma Singh that Geetam Singh enquired from Kallan twice as to what is being done by Brahma Singh regarding disappearance of Satish. Kallan informed Brahma Singh that while making the aforesaid enquiry Geetam Singh was not feeling any sense of sorrow rather he enquired the aforesaid fact smilingly. Brahma Singh in the morning of 2-3-1979 saw Shripal and Shivraj coming out of the sugarcane field work he of Qadar. Brahma Singh became suspicious and collected persons of the village and apprehended Geetam Singh from the sugarcane field was sitting on a bedding along with several utensils, clothes etc. At the time when Geetam Singh was apprehended he was writing a ransom note and several ransom note similar to one which was pasted on the house of Brahma Singh on 21-2-1979 found with Geetam Singh, Geetam Singh was given a beating by the villagers and was taken to police station. Before reaching to the police station Geetam Singh prayed that he be not taken to police station and he will reveal the true facts. Geetam Singh confessed before Brahma Singh, Mam Chandra, Kallan, Chhatrapal and certain other persons of the village that Shripal and Shivraj told him to abduct Satish by which handsome amount of money will be received. Sripal brought Satish in the sugarcane field and gave him to Geetam Singh. Geetam Singh maintained custody of Satish in the sugarcane field of Qadar. Shripal and Shivraj told Geetam Singh that if Satish is freed then he will tell the names of all persons and all will be sent to jail; hence Satish be killed. Geetam Singh accused confessed that Satish was killed by them. Shripal told that body of Satish be buried in sugarcane field of Atmaram. A pit was dug in the sugarcane field and body was buried beneath it. Geetam Singh wrote ransom note demanding money and it was pasted on the door of Brahma Singh by Shripal. Accused Geetam Singh further confessed that they were making efforts for ransom amount and ransom note was written by him in the name of Ranjeet Singh Pundir. After making aforesaid extra judicial confession Geetam Singh was taken to police station and was taken in the custody. All the articles which were found with Geetam Singh at the time he was apprehended, were handed over to the police. An entry in the general diary was made about the arrest of Geetam Singh and articles. Geetam Singh also confessed his crime before the police and offered to lead the police to the place where the dead body was hidden. The Sub Inspector of police along with some constables, Brahma Singh, Mamchandra and other public persons were led by Geetam Singh to the sugarcane field of Atmaram, Geetam Singh after removing the earth showed the dead body of Satish. The body was then sealed and sent for post mortem, Dr. R. C. Vedi conducted the post mortem examination on the dead body of Satish and found the following ante mortem injuries :-(i) Contusion 6 cm. x 2 cm. on the upper lip more to the right side.(ii) Contusion 12 cm. x 8 cm. on the back of head.(iii) Contusion 10 cm. x 6 cm. on right side head and on right temple.(iv) Contusion 2 cm. x 1 cm. on rightside neck, 3 cm. to the right of adam apple at that level.(v) Contusion 1 cm. x 1 cm. on left side neck, 2 cm. to the left of adam apple at that level.(vi) Contusion 1 cm. x 1/2 cm. on left side nose, 1/2 cm. below No. 5.(vii) Contusion 3/4 cm. x 1/2 cm. on left side neck, 1/2 cm. below No. 6.The cause of death shown in the report is asphyxia as a result of throttleing.

(3.) Dr. Vedi has appeared as P.W. 6 who proved the post mortem report and stated that the death took place between 19th - 20/02/1979.