CHANDRAPAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Chandrapal has filed this appeal against his conviction under section 302 I.P.C. and 2011.P.C. and the sentence of imprisonment for life and four years R.I. respectively as passed by the IV Additional Sessions Judge, Banda, on 5-5-1978 in Sessions Trial No. 77 A of 1977.

(2.) The charge against the appellant Chandra- pal is that he had committed the murder of Lal Bhaiya sometimes between l9th/2Oth November, 1976. The case rests upon circumstantial evidence and there is no direct testimony to connect the appellant with the alleged murder of Lala Bhaiya.

(3.) According to the prosecution story, Sigdar Singh, Harpal Singh, Jaipal Singh and Sukhdeo Singh were brothers out of whom Jaipal Singh died about 8 years ago, leaving Lala Bhaiya and Abhiman and three daughters, namely, Chandi, Rania and Kamla and ultimately the mother of the children also died about six years ago. At this Sukhdeo Singh alias Baboo Singh looked after the agricultural land and property belonging to those children. Sukhdeo Singh had four sons, namely Rampal, Indrapal, Chandrapal appellant and Him Lal. The marriage of Rania was to take place and so Lal Bhaiya demanded the ornaments kept with Chandrapal. At this Chandrapal told him, in the presence of Devi Din P.W.1 that he should accompany him to Atarra where the ornaments arekept. On the next morning Chandrapal and Lala Bhaiya went to Atatra. Chandrapal had returned to the village but Lala Bhaiya did not and when Devi Din (P.W.1) asked Chandrapal the whereabouts of Lala Bhaiya it was said that he would be coming next day. When Lala Bhlliya did not return for about a week Devi Din (P.W.1) narrated the story to the sub-Inspector of Police who had come to the village on having heard rumours about the disappearance of Lal Bhaiya. It was noticed that Chandrapal was also absent from the village and when the sub-Inspector of Police went to the house of Chandrapal he wanted to escape by climbing the roof but was arrested and divulged to point out some articles. One bloodstained T-Shrit, one Safi and one lathi were recovered at the pointing out of the accused from inside his house whereupon he took the sub- Inspector and other witnesses to a drain (nail a) of Baruie near the field of one Ram Singh and from inside the Nalla he took out a cloth-bundle in which the beheaded head of Lala Bhaiya, the Kurta , Banyain, towel and sickle were kept, was recovered. The witnesses recognised the garments as belonging to Lala Bhaiya.