RAJPAL SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Ms. Neelam Giri and Sri Himanshu Giri learned counsels for the appellant Rajpal Singh, Sri Kunwar Ajay Singh learned Amicus Curiae appearing on behalf of appellants Manoj and Munna Ram @ Baba in the connected appeals and Sri Rajan Prasad Mishra learned A.G.A for the State respondents.

(2.) These appeals are directed against the judgment and order dtd. 8/5/1997 passed by the IIIrd Additional District and Sessions Judge, Kanpur Dehat in S.T. No.104 of 1992 and S.T. No. 417 of 1992 arising out of Case Crime No.191 of 1991 under Sec. 302, 201, 120-B IPC, P.S. Rasoolabad, District Kanpur Dehat whereby three accused/appellants namely Manoj, Rajpal Singh and Munna Ram @ Baba have been convicted of the offence under Sec. 302 read with Sec. 34 and 120-B IPC and punished for life imprisonment. The accused/appellants have also been convicted under Sec. 201 IPC and punished for additional five years rigorous imprisonment. Both the punishments are to run concurrently.

(3.) The first information report is in the nature of a written report submitted by Jeet Singh (P.W.-1) on 27/12/1991 at about 10.30 A.M. reporting that the dead body of his brother Vijay Pal Singh was found on the Chakroad near the field of Shambhu Pandit hidden in a 'paddy Payar'. It was stated therein that the deceased Vijay Pal Singh used to work in Rasoolabad and to come back daily from the workplace in the evening. On 23/12/1991, when he did not return home, he was looked after everywhere. At the time of search, the first informant came to know that the deceased had consumed liquor with some people on 23/12/1991 near the Usri Nursery and after that he had never been seen. The blood stained body cloth (??????) of the deceased was found on the Chak road near the field of Shambhu Pandit and besides that the 'Paddy Payar' was lying. Being suspicious, when 'Paddy Payar' was turned over, dead body of Vijay Pal Singh was found hidden in it. The injuries on the body of the deceased seem to have been caused by an object like Axe (?????????).