BADSHAH Vs. STATE OF U P

JUDGEMENT

(1.) A First Information Report for the offence of abduction in order to commit murder of the kidnappe - Suraj Pal son of Jagan Lal was lodged by his brother Pahalwan Singh (PW1) in the afternoon of 24 -5 -1980 at 5.15 p.m. at Police Station Kuraoli, District Mainpuri. This F.I.R. named ail the 8 accused persons i.e. (1) Badshah s/o Lakhan Singh, (2) Suraj Pal s/o Lakhan Singh, (3) Muiaim Singh s/o Kunji Lal, (4) Raksh Pal s/o Kunji Lal, (5) Rameshwar s/o Hanshraj, (6) Buddu s/o Tika Ram, (7) Achche Lal s/o Buddu all resident of Village Kheria and (8) Dhara Singh s/o Hori Singh, resident of Salempur. It is disclosed in the F.I.R. that the 8 accused persons in the night hours of 23 -5 -1980 at about 10.00 P.M. all armed with guns reached at the tube well of the complainant located in the western side of the village and caught how of his brother Suraj Pal who was steeping there along with PW 2 -Puttu Lal, PW 3 Ram Pal, Sumer Singh, Bhumipai Singh, and Khetal Singh. The witnesses Puttu Lal, Ram Pal and others who were present there questioned the propriety of the accused persons in bodily lifting Kidnapee - Suraj Pal and when they tried to get him released from the custody, the accused retorted and fired creating panic among the witnesses. As such, the witnesses and the persons present on the spot could not succeed in getting the kidnapee released from their illegal custody. The complainant when reached the scene of occurrence after having heard the hue and cry and also the booming sound of gun, the entire story was detailed to him by the witnesses. He apprehending dangers to his brother's life at the hands of accused persons started searching for him with other family members and when he finally could not succeed he reported the matter next day (24 -5 -1980) at 5.15 p.m. at the Police Station.

(2.) IT has further come in the evidence that accused No. 1 to 7 are from the same family whereas accused No. 8 -Dhara Singh happens to be a close friend of accused Badshah. The accused - Mulaim Singh prior to the incident had filed a criminal complaint against the kidnapee -Suraj Pal and 37 others including the complainant. In that criminal case accused Rameshwar and Badshah were witnesses for the complainant. Besides this, the father of accused Badshah namely Lakhan Singh had also filed a litigation against the kidnapee Suraj Pal and others in respect of demolition of Nali. Both the cases had ended in favour of the kidnapee, the complainant (PW 1) and his family members prior to the incident. Since then the accused became more inimical against Suraj Pal and his family members. The accused persons had become sore against the kindapee and his family members right since Suraj Pat got a tube well installed in his field.

(3.) THE case was committed for trial to the Court of Session by the Magistrate concerned and after its registration on 6 -2 -1981, the case was transferred to the Court, of VII Addl. Sessions Judge, Mainpuri where the charges for the offence punishable under Section 364 I.P.C. were framed against all the aforesaid 8 accused persons and their trial commenced. The accused pleaded their innocence to the charges and disputed the allegation of the prosecution made against them.