OMVIR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) M. Chaudhary, J. This is a jail appeal by the accused appellant from the judgment and order dated 30th of November, 1998 passed by XII Additional Sessions Judge Aligarh in Sessions Trial No. 786 of 1987, State v. Omvir Singh, convicting him under Sections 302 and 201 IPC and sentencing him to imprisonment for life and a fine of Rs. 500. 00 and seven years' rigorous imprisonment and a fine of Rs. 500. 00 respectively thereunder.

(2.) BRIEF facts giving rise to this appeal are that at 10. 00 a. m. on 3rd of September, 1987 Satyavir Singh brother of the deceased lodged an FIR at police station Tappal, District Aligarh alleging that at about 7. 00 a. m. that that very morning his brother Saudan Singh was done to death by his son Omvir Singh who chopped off his head by his neck and concealed the head of his father somewhere and the headless dead body of Saudan Singh was lying on a cot at his house and that Omvir Singh was seen going out of his house by one Sheodan Singh son of Amar Singh and Gir Raj and the clothes put on by Omvir Singh were smeared with blood (Ext. Ka-1 ). The police registered a crime against the accused under Sections 302 and 201 IPC and made an entry regarding registration of the crime of the general diary accordingly (Ext. Ka-15 & Ka-16 ). Station officer Tilak Singh Yadav who took up investigation of the case in his hands proceeded alongwith Satyavir Singh, the first informant and the police personnel to village Salpur and on the way between village Nagri and Salpur he arrested accused Omvir Singh at the pointing out of Satyavir Singh. On being interrogated by the investigating officer accused Omvir Singh disclosed that after committing the murder of his father by chopping off his head by his neck with a 'daranti' he concealed his head digging a pit with spud (khurpi) in his'chhappar' and that he could get the 'daranti', head of his father concealed by him and the spud discovered on reaching there. The investigating officer prepared memo of the disclosures allegedly made by Omvir Singh (Ext. Ka-6) and then he proceeded taking accused Omvir Singh alongwith the police personnel and Satyavir Singh and other persons accompanying him to his house. On reaching at his house accused Omvir Singh picked up blood stained 'daranti' lying near the cot on which the dead body of Saudan Singh was lying and then he got the head of his father recovered by digging the earth in the southern western corner of his 'chhappar' with spud and handed over the same to the investigating officer stating that it was the head of his father which he had concealed there and the witnesses present there also identified that that head was of Saudan Singh, the deceased. The investigating officer prepared memos of the blood stained 'daranti' (Ext. Ka-2) and of the head of the deceased and the spud (Ext. Ka-5 ). The investigating officer also collected blood stained and simple earth from the scene of occurrence and prepared its memo (Ex. Ka-7 ). He also collected blood stained trousers and shirt put on by the accused and prepared its memo (Ext. Ka-3 ). Then he drew inquest proceedings on the dead body of Saudan Singh and prepared the inquest report (Ext. Ka-8) and other necessary papers (Exts. Ka-9 to Ka-12); and handed over the dead body in a sealed cover alongwith necessary papers to constables Katar Singh and Babu Ram for being taken for its post-mortem. He inspected the place of occurrence and prepared its site plan map (Ext. Ka-13 ). He also recorded statements of the witnesses and did other necessary things.

(3.) AFTER completing the investigation the police submitted charge sheet against the accused.