RAM BHAROSEY Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal has been directed against the judgment and order dated 28 -7 -1981 passed by the then VIIIth Additional Sessions Judge, Etah in Sessions Trial No. 165 of 1981 convicting appellant Ram Bharosey under Section 302 IPC and 201 IPC and sentencing him to undergo imprisonment for life under Section 302 and RI for a period of one year under Section 201 IPC. Both the sentences were ordered to run concurrently.

(2.) THE prosecution story, briefly stated, was that the appellant Ram Bharosey, Umesh Chandra (PW 1) and his younger brother Dinesh (9) deceased, were residents of village Kamalpur Mai, P.S. Sakeet, District Etah. Father of Umesh Chandra (PW 1) had died some 8 years ago leaving behind his 5 sons. Dinesh (9) deceased was youngest amongst his brothers. His three elder brothers Mahesh Chandra, Suresh Chandra and Girish Chandra were living at Firozabad. Dinesh deceased alongwith his brother Umesh Chandra (PW 1) and mother was residing at village Kamalpur Mai.

(3.) ON the evening of 24 -2 -1981 at about 4 p.m. Dinesh deceased was playing in the village. Umesh Chandra (PW 1) returned from School at 5 p.m. and did not find Dinesh deceased at his house. He searched him in the village and in the nearby fields, but he could not be traced. On the next morning Umesh Chandra (PW 1) and his mother were again searching Dinesh deceased. At about 10 a.m. when Umesh Chandra (PW 1) reached near the house of Ajay Pal (PW 2) and Mahendra Singh (PW 6) they told him that on the previous evening at about 5 p.m. they had seen Ram Bharosey appellant and his son Aaram Singh taking Dinesh deceased towards village Noorpur. Thereafter, Umesh Chandra (PW 1) taking Kitab Singh (PW 3), Lalta Singh (PW 4) and Ram Khilaf went to the house of Ram Bharosey and enquired from him about Dinesh deceased. Firstly, he did not tell anything, but on pressure laid by the villagers Ram Bharosey told that he and his son Aaram Singh had cut Dinesh deceased with Khurapi and threw him into the well of Tara Singh, Pradhan. Thereafter, Umesh Chandra (PW 1) alongwith other persons went to the well of Tara Singh in which dead body of Dinesh deceased was seen. The dead body was taken out from the well. It had injuries and there were cut marks on ear and neck. Leaving the dead body at the well Umesh Chandra (PW 1) came to his house and prepared report (Ext. Ka -1). He went to police station Sakeet alongwith Kishan Lal, Ram Khilaf and Pratap Singh and lodged report there at 7.10 p.m. on 25 -2 -1981. The chik FIR (Ext. Ka -10) was prepared by Head Constable Karan Singh, who made an endorsement of the same at GD report and registered a case against Ram Bharosey and his son Aaram Singh under Sections 302 and 201 IPC.