SATYA VEER Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Appellants Sayta Veer son of Ajab Singh. Bharat Veer and another Satya Veer son of Shayam Singh have been convicted and sentenced to undergo imprisonment for life under Section 302/34, I.P.C. and to three years R.I. under Section 201, LP.C. by special Judge/Additional Sessions Judge, Muzaffarnagar. Aggrieved by this: order, the present appeal has been filed.

(2.) It is-note worthy that according to their statements under Section 313, Cr.P.C. on 1-5-1985, appellant Satya Veer son of Shyam Singh was eighteen years, appellant Bharat Veer was sixteen years and the other appellant Satya Veer son of Ajab Singh was sixteen years and eleven months of age. These ages given by the appellants have not been challenged by the prosecution nor the lower court had made any observation to the contrary that the age given by the three appellants were incorrect. In this way, on the date of occurrence i.e. 16-2-1983, all the three appellants were admittedly below sixteen years.

(3.) That case against the appellants is based on circumstantial evidence. On 5-3-1983, Radhey Lal, father of Sheo Kumar (deceased), aged eighteen years, had lodged the report at police station Bhaura Kalan, district Muzaffarnagar, stating that his aforesaid son Sheo Kumar had gone to Vaish College, Shamli at about 9.30 a.m. On 16-2-1983. He did not return in the evening. Radhey Lal had made enquiries from the costudents. Kiratpal and Yashpal, students of the aforesaid college had informed that they had seen Sheo Kumar in the College at about 11.30 a.m. He had searched his son at several places and also in the houses of his relative, but was not traceable. On 5th March, 1983, Raghubir Singh, Veer Sen Sukkha and Sheo Kumar went to search Sheo Kumar, also alongwith Radhey Lal. Radhey Lal returned back to his home, but the other four continued their search. They returned after some time and informed that they had noticed a gunny bag in Krishna River. The reporter suspected that this bag may not contain the dead body of his son.