DHANPAL Vs. STATE OF U.P.

JUDGEMENT

(1.) SOLITARY appellant Dhanpal was tried by IVth Additional Sessions Judge, Muzaffarnagar in S.T. No. 272 of 1981, State Vs. Dhanpal and others, along with two other acquitted accused Malkhan and Chohal, for committing murder of Smt. Santa, widow of Bira Singh and mother of informant Anil, PW1 u/s 302 I.P.C. and was convicted and sentenced to life imprisonment, vide impugned judgement and order dated 27.11.1982, and hence this appeal by the appellant challenging his aforesaid conviction and sentence.

(2.) NARRATION of entire prosecution case was made by the informant Anil Kumar,P.W.1,in the Sessions Trial, according to which informant was a resident of Wazirpur, police station Ashok Vihar, Delhi. His great grand-father Guddhi had four sons Sukhkhan, Chandra Bhan, Bhagwan and Har Lal. Veer Singh and Smt. Santo (deceased) were the wife and son of Har Lal and parents of the informant Anil Kumar,P.W.1, whereas Jaswant (eye-witness) is the son of Chandra Bhan. Veer Singh, informant's father had purchased an agricultural land in village Ghanshyampura, a hamlet of Samoli, P.S. Khatauli, district Muzzaffarnagar, farming of which was looked after by the informant and his father. Fifteen or sixteen months prior to the present incident, Veer Singh was done to death in Ghanshyampura, by Dhanpal (appellant), Chohal (acquitted accused) and one Buddhu Gadaria, regarding which investigation was pending with the police.

(3.) INFORMANT Anil Kumar P.W.1, dictated F.I.R., Exhibit Ka-2, regarding murder of his mother to Bharat Singh, who scribed it and then he carried it to the police station Khatoli, measuring a distance of 13 kilometres, and lodged it.