KALIYAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Through this appeal, the appellant, who is in jail, challenges the judgment and order dated 2-7-1998 passed by VIII Additional Sessions Judge, Sitapur in Sessions Trial No. 716 of 1993 whereby he has been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 2000/-, in default, to undergo three months S.I., for the offence punishable under Section 364, IPC.

(2.) In brief, the prosecution case runs as under : Murder of Aanand Singh, who was the brother of the complainant Muneem Singh, was committed about six years back. In that case Sanjeev Singh S/o Bachnu Singh was convicted and sentenced to life imprisonment. Due to this Bachnu Singh was nursing ill will against the complainant and his family. However, Bachnu Singh shifted from village Katighara to village Chanda Gaon in district Lakhimpur Kheri but he had his landed property in village Katighara. The appellant Kaliyan Singh is a relative of Bachnu Singh. Acquitted accused Rajendra Singh is real nephew of Bachnu Singh. Nanhey Singh, is the brother of the complainant. He was involved in a case under Section 307, IPC, in which 6-10-1994 was the date fixed at Sitapur. On that date in the morning at 7 a.m. appellant Kaliyan Singh came to the house of the complainant to meet Nanhey Singh. Nanhey Singh told the appellant that today is the date fixed in his case and he will be going to Sitapur where he Will meet him (Kaliyan Singh). The appellant then went away. On the said date i.e. 6-10-1994 Nanhey Singh along with the complainant and his nephew Balbir Singh came to Sitapur and attended the Court case, which terminated at about 12-30 noon. As soon as he came out of the Court, the appellant Kaliyan Singh met Nanhey Singh. Nanhey Singh told complainant that he would be going to Lakhimpur for some urgent work and would return day after tomorrow. The complainant came back to his village but his brother Nanhey Singh did not come back even on the third day. The complainant then started ascertaining his whereabouts and he went to the house of Kaliyan Singh but as Kaliyan Singh was not available he came back. One Vinod Singh and Dilip Singh of complainant's village had also gone in search of deceased Nanhey Singh and they told that Bachnu Singh and co-accused Rajendra Singh are publicly saying in their village Chandapur that they have got their enemy eliminated through appellant Kaliyan Singh. One Munney Pandit also told to the complainant that he has seen Nanhey Singh, Kaliyan Singh, accompanied by Bachnu Singh and co-accused Rajendra Singh in a bus going to Gola.

(3.) The complainant reported the matter to the police repeatedly on various dates but no heed was paid. He then reported the matter to the Superintendent of Police on 22-12-1994 vide Ext. Ka-1 on the basis of which the case was registered at the Police-Station Kotwali on 24-12-94 at 6-15 p.m. vide Ext. Ka 2 (Chick FIR) Necessary entries in the G.D. were made vide Ext. Ka 3.