PRATAP SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) The appellants here, who are four in number, have been convicted by Mr. S.N. Tripathi, the then Additional Sessions Judge, Court No. 6, Budaun of an offence under Sec. 302 read with Sec. 34 of the Indian Penal Code, 1860(for short "the Penal Code") and sentenced to suffer imprisonment for life, and a fine of Rs.40,000.00 each. In the event of default, the appellant concerned has been ordered to suffer an additional simple imprisonment for a period of ten months. The aforesaid judgment has been passed by the learned Additional Sessions Judge in Sessions Trial No. 213 of 2006, State v. Pratap Singh and others (arising out of Case Crime No. 212 of 2003), under Sec. 302/34 of the Penal Code, Police Station - Kadar Chowk, District - Budaun, decided on 27/11/2012.

(2.) The First Information Report(for short "F.I.R.") leading to the prosecution, that has since culminated in the impugned conviction, was lodged on 11/11/2003 at 12:25 in the afternoon hours by one Sirajuddin, son of Bajruddin, a native of Village Nauli Fatuabad, Police Station - Ushait, District - Buduan. It reported an occurrence that took place earlier in the day at 10:30 a.m. It was said in the F.I.R. that about a year and a half ante- dating the occurrence, the informant's son, Riazuddin and another resident of the village, Pratap Singh, had both applied for the position of a Shiksha Mitra. The informant's son, Riazuddin, was selected. Pratap Singh and his family allegedly harboured animosity on this score against the informant's son. It is claimed that Pratap Singh had told the informant's son that though the latter had succeeded in becoming a Shiksha Mitra, but Pratap would not spare his life. On 11/11/2003, the informant's son was riding a tonga (described as a buggi) to Kadar Chowk. The horse-driven carriage had on board Hasanuddin, son of Basaruddin and Fisauddin, son of Waziruddin, both natives of the informant's village. As the party reached between Mahmurganj and a place called Gadhiya, they were intercepted and waylaid by the four appellants, who came along riding a tractor. They are said to have forced down the informant's son from the carriage, saying that "Lets make him into a Shiksha Mitra". The informant's son was forced down the carriage at about 10:30 a.m. and dragged by the appellants through a distance, abusing him. He was thrown in front of the tractor. The other three appellants are said to have exhorted Pratap Singh to run him over. Pratap Singh is alleged to have run over and crushed the informant's son to death under the wheels of the tractor. It is reported that Hasanuddin and Fisauddin, besides the driver of the carriage, witnessed the incident. The informant too said that he proceeded to the spot and had seen his son's dead body lying in situ, where a large crowd had congregated.

(3.) On the basis of the written report lodged by the informant, Ex.Ka1, the chik F.I.R. Ex.Ka.3, also dtd. 11/11/2003, giving rise to Case Crime No. 212 of 2003, under Sec. 302 of the Penal Code was registered at Police Station - Kadar Chowk, District - Budaun. The crime aforesaid was registered vide G.D. entry no. 17 at 12:25 p.m. at the police station last mentioned. A copy of the said G.D. is available on record.