NAHAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The deceased of the felony which is the subject matter of scrutiny in this appeal was Kaliram. His wife Smt. Kela and the present appellant Nahar Singh were tried for his murder before the then VIth Additional Sessions Judge, Meerut in Sessions Trial No. 352 of 1979. The charges were of Sections 120-B, 302 and 201, IPC. By the judgment dated 15/17.12.1980, the trial Court acquitted Smt. Kela, wife of the deceased but convicted the appellant Nahar Singh under Sections 302/201, IPC. He has been sentenced to undergo life imprisonment for the former offence and five years rigorous imprisonment for the latter, both the sentences to run concurrently.

(2.) The wife of the deceased and the present appellant were allegedly having illicit intimacy which used to be detested and demurred by the deceased. The appellant, therefore, allegedly did away with the deceased in criminal conspiracy with the deceased's wife. The deceased and the appellant had allegedly consumed liquor at the house of the former and left on 9.5.1979 at about 8 or 9 p.m. It was on 13.5.1979 that deceased's cousin brother Sukhbir Singh PW 4 lodged an information with the police that the deceased was missing from the village since 9.5.1979. It was also stated in his written report that he was searched in his relations but his whereabouts could not be known. The wife of the deceased also left the village on 13.5.1979 and it was not known where she had gone, either to her father' house or to some other place. The report was taken down in the general diary as dariyaft hal.

(3.) On 14.5.1979 Kasim Ali PW 5 found a dead body floating in the well of Alimuddin in village Phalawada when he was going to village Batnaur at about 8 or 9 a.m. This information was taken down in the general diary and the police swung in action. The dead body was taken out from well and post-mortem was conducted thereon on 15.5.1979 at 2.30 p.m. by Dr. P.N. Khanna PW 1. The deceased was aged about 25 years and about 5 days had passed since he died. According to the post- mortem report, no mark of ante-mortem injury was evident due to decomposition. The investigation revealed that on 9.5.1979 the deceased and the appellant had consumed liquor whereafter they had left for Urs Mela and further that illicit intimacy of the wife of the deceased with the appellant was the cause of his murder by the appellant.