BABU Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the order of the Civil and Sessions Judge, Meerut dated 23-9-1968 convicting the appellants under Section 302 read with Section 34. I. P. C. and sentencing each one of them to undergo imprisonment for life, They were further convicted under Section 201, I. P. C. and sentenced to four years' rigorous imprisonment each. The two sentences were directed to run concurrently.

(2.) THE murder of one Baru is alleged to have been committed by the appellants about eight or ten days prior to 25-3-1968. the latter being the date when a report was lodged with the Police about the disappearance of Baru. The appellants were also charged under Section 201. I. P. C. for burying the dead body of Baru in a sugarcane field with the intention of screening themselves from the punishment for committing the offence of murder. The appellant Babu is the real nephew of the deceased, being the son of Mangal Sen (brother of Baru ). The appellant Mahipal was a servant of the deceased Baru, Baru lived all alone in village Daha within the limits of police station Doghat, district Meerut, being separate from his only brother Mangal Sen. He also carried on his own cultivation and in the consolidation proceedings a separate chak had been prepared in his name. The appellant Mahipal belonged to village Daulatpur which is in the District of Muzaffarnagar. The appellant Babu was married in the same village. For the last about two or three months preceding the murder Mahipal was in the employment of Baru (deceased ).

(3.) THE motive for the murder is alleged to be the keenness of Babu appellant to grab the property of his uncle Baru (Deceased ). In the ordinary course also the property would have come to Babu and his father as Baru had no other heirs. He had lost his wife a few years ago. Still, however, according to the prosecution Babu accused was anxious to acquire the property of his uncle without delay. What set a keen edge to his avarice was that Baru had sold away his bullocks a few days before the murder and he was also contemplating to dispose of the land which stood in his own name. In the circumstances it is alleged that Babu accused became concerned and wanted to prevent his uncle from alienating the property. Mangal Sen, father of Babu accused, also did not relish the idea of Baru's disposing of his bullocks or land. In this background Babu accused in league with the other accused Mahipal who belonged to the village where the former was married, is alleged to have committed the murder of Baru and buried his dead body in his own sugarcane field.