SURESH ALIAS CHAVENEY Vs. STATE OF U.P.

JUDGEMENT

(1.) The above-captioned appeals have been preferred under Sec. 374(2) of the Code of Criminal Procedure against the judgment and order dtd. 28/1/1997 passed by the Fifth Additional District and Sessions Judge, Bijnore in Session Trial No. 11 of 1995, arising out of Case Crime No. 800 of 1994, under Ss. 302/201 I.P.C., Police Station Kotwali Shahar, District Bijnor, whereby the Additional District and Sessions Judge, Bijnor has convicted and sentenced the appellants to undergo life imprisonment under Sec. 302 read with sec. 34 IPC and to undergo five years rigorous imprisonment under Sec. 201 IPC.

(2.) In brief, the prosecution case is that one Roshal Lal (P.W.1) the informant, the brother of the deceased, submitted a written report dtd. 13/10/1994 (Ext. Ka-1) to In-charge Kotwali Shahar, Bijnor stating therein that his elder brother Surendra Singh had given testimony against Sumer (elder brother of appellant Suresh alias Chaveney) in a murder case in which Sumer was convicted. Since then the family members of Sumer were having grudges with him. For the last few days, accused/appellant Suresh alias Chaveney used to take away his elder brother Rajendra (deceased) for buying lottery tickets and was developing friendship with him. On 12/10/1994 at about 6.30 PM, his elder brother Rajendra (deceased) was standing with Raju (P.W.2) at the Ramlila ground then accused/appellant Mukesh came while pulling rickshaw on which accused/appellant Suresh alias Chaveney was sitting. Both the appellants took away his brother Rajendra in the presence of Raju (P.W.2) saying that they will enjoy the party of meat and wine at the hotel of Virendra situate at Chamarpeda as they had won the lottery. It was around 6.30 p.m., Prem Chand son of Ramswaroop and Tilak Raj (P.W.6) had witnessed the accused/appellants with Rajendra (deceased) at the hotel of Virendra.

(3.) On the basis of the written report (Ext. Ka-1), First Information Report (Ext. Ka-4) was registered against the appellants as Case Crime No. 800 of 1994, under Ss. 302/34 and 201 IPC at the Police Station- Kotwali Shahar, Bijnor on 13/10/94 at 9.05 AM. Check report (Ext.Ka-4) was prepared by Head Constable Ram Krapal (P.W.-8) and it has been disclosed in ''Nakal Rapat' and accordingly "Roznamcha" was prepared.