RAM CHARAN SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal is against the judgment and order dated October 19, 1983 passed by third Additional Sessions Judge, Bulandshahr in S.T. No.780 of 1982 convicting and sentencing the appellants under Sec. 302 IPC read with Sec. 34 IPC to imprisonment for life.

(2.) The prosecution story, in a nutshell, as per the written report (Ex. Ka-1), lodged by Dharamveer (PW-1), is that in the morning of 10/9/1982, at about 6 am, while the informant was easing himself in the open field, he heard screams of his nephew Chiranji (the deceased) coming from the field of Ajab Singh, which had standing maize crop. Reacting to the screams, the informant, Kundan (PW-2) and Chiranji's mother (not examined) reached the spot. There, they witnessed Ram Charan (appellant no.1) and Rajpal (appellant no.2) pinning down Chiranji and putting pressure on him after having tied a knot around his neck by using his trouser. When the informant and others came to rescue him, Rajpal threatened them by saying that if anybody comes forward, he would be shot dead, as a result whereof, the informant party stayed away. Both the accused, thereafter, dragged the deceased into the Jwar (millet) field by pulling him with the aid of that trouser tied around Chiranji's neck. On raising alarm, when several persons arrived and tracking the drag marks they reached the neighbouring sugar cane field of Udayeer, they found Chiranji dead with 3 to 4 knots of that trouser tied on his neck. It was alleged that body of Chiranji was lifted from the spot and brought to his house whereafter, they have come to lodge the report. With regard to the motive for the crime, it was disclosed that about 8-9 months ago, the deceased was caught with the sister of the accused; the accused had then beaten Chiranji as well as their sister. Since then the accused were inimical towards Chiranji. The written report, which was scribed by Jodha Singh (not examined), was lodged at 9.20 am on 10/9/1982 at P.S. Kotwali Dehat, District Bulandshahr, which is at a distance of 14 km from the spot, giving rise to case crime no.299 of 1982. The G.D. Entry in respect of lodgement of the written report was made vide report no.18 (Ex. Ka-10) by PW-5 who also prepared Chik Report (Ex. Ka-9).

(3.) Inquest was conducted by PW-4 while the body of the deceased was lying on a cot at the Baithak of the house of the deceased at village Shahpur. The inquest report (Ex. Ka-3) recites, inter alia, (a) that information was received from Dharamveer (PW-1) at 9.20 hours on 10/9/1982; (b) that the police left the police station to go to the spot at 11.45 hours on 10/9/1982; (c) that the distance of the spot from the police station was 16 km; (d) that the body of the deceased was carrying an open shirt and an underwear; and (e) that next to the body was a nylon trouser of the deceased, which was seized by the police. The inquest report was witnessed by Harish Chandra (village Pradhan), Charan Singh, Kundan Singh, Ajab Singh and Prahlad Singh. None of them has been examined. It be mentioned that in the second page of the inquest report there is recital of the case details i.e. Case Crime No.299 under Sec. 302 IPC. The inquest report also notices that PW-4 conducted the inquest under the direction of Inspector Sri Harinandan Singh.