MURARI LAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The above noted two criminal appeals arise out of the same judgment and order dated 3-11-1993 passed by Sri Jagdish IVth Additional Sessions Judge, Moradabad in Sessions Trial No. 82 of 1986 thereby convicting Sub-Inspector Murari Lal Sharma of the offence punishable under Section 364/120-B, I.P.C. and sentencing himto undergo R.I. for a period of ten years and further convicting him under Section 302/120-B, I.P.C. and sentencing to undergo imprisonment for life and further convicting Sri Sharma of the offence punishable under Section 201, I.P.C. read with Section 120-B, I.P.C. and sentencing him to undergo R.I. for a period of five years and further convicting him under Section 120-B, I P.C. and sentencing to undergo R.I. for a perido of five years.

(2.) The appellants Chhatrapal, Kripal, Ranvir, Vijay Beer Singh, Harpal, Bhoorey Tyagi and Smt. Ramawati have also been held guilty of the offence punishable under Section 147, I.P.C. 364, I.P.C. read with Section 149, I.P.C., under Section 302, I.P.C. read with Section 149, I.P.C. and under Section 201, I.P.C. read with Section 149, I.P.C. and sentencing them to undergo imprisonment for a period of one year each under Section 147, I.P.C., ten years each under Section 364/149, I.P.C., imprisonment for life under Section 302/149, I.P.C. and for a period of five years under Section 201/149, I.P.C. All the sentences were made to run concurrently. Since both the appeals arise out of the same judgment and order, they are being disposed of by this single judgment.

(3.) One Bhagwan Singh Jat was married to Smt. Ramavati the real mother of accused appellant Chhatrapal. The aforesaid Ramawati was the resident of village Karolla and out of the wedllock of Sri Bhagwan Singh and Ramawati three daughters and one son Chhatrapal were born. After about 20 years of his first marriage with Smt. Ramawati, Bhagwan Singh aforesaid got himself remarried with a Harijan lady Smt. Phoolwati. There were protests over this marriage by the persons of community and the family members of the Bhagwan Singh. However, Bhagwan Singh did nto care for those protests and objections and in protest the first wife Smt. Ramawati started living separately from her husband Bhagwan Singh and her son Chhatrapal started living with her. Second wife Smt. Phoolwati had also been living separately along with her husband Bhagwan Singh and out of that wedlock two sons Veera and Jaiveer were born. Bhagwan Singh had 80-90 bighas of land which was in possession of the appellant Chhatrapal the son born out of the wedlock of Bagwan Singh and Ramwati. Chhatrapal appellant was not providing necessary living facility to his second mother and her two sons and about three years prior to the present occurrence Bhagwan Singh had disappeared from the village in mysterious circumstances. His two other sons in the meantime had moved an application about the disappearance of Bhagwan Singh and the appellant Chhatrapal had also lodged a report on 16-3-1983 about the disappearance of Bhagwan Singh and a case at the police station was registered. When Smt. Phoolwati the second wife of Bhagwan Singh contacted higher authorities including the District Magistrate, the official machinery came to her rescue and persuaded Chhatrapal appellant to part with some land and give it to Smt. Phoolwati so that she along with her two sons may earn their livelihood. The prosecution story further is that the appellant Chhatrapal had not been having cordial relations with Smt. Phoolwati and wanted to get rid of her and her two sons Veera and Jaiveer so that he may get the entire land of his father Bhagwan Singh. It is said that on 3-9-1985 Sri Murari Lal Sharma went to the village and arrested Smt. Phoolwati on the basis of F.I.R. lodged by the appellant Chhatrapal regarding the disappearance of his father Bhagwan Singh. Smt. Phoolwati called upon the Sub-Inspector to carry her two sons also with him or to laid over two sons to the Pradhan of the village so that the two sons may remain safe. Sub-Inspector however, did not agree and in the same night between 2/09/1985 in village Faridpur Gadiya within the circle of police station Bachhraun District Moradabad the accused persons in prosecution of the common object of their unlawful assembly kidnapped Veera Singh aged 14-15 and Jaiveer Singh aged 11-12 years sons of Smt. Phoolwati while the two sons were inside the house of Phoolwati who was already carried away by Sub-Inspector Sri Sharma appellant. It is said that the accused persons entered into the house of Smt. Phoolwati and tied them with the bed sheets and then took them away from the scene of the occurrence to some unknown place in a tractor trolley belonging to one of the accused appellants. Jaipal Singh resident of Gadiya, lodged a report of kidnapping of Veera and Jaiveer at the police station Bachhraun and a case against unknown persons was registered. The police started investigation in the case and abandoned tractor was found of which a memo Ext. Ka-3 was prepared. After completing necessary formalities aninvestigation charge sheet was submitted against the appellants.