BHOORA Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned AGA for the State and perused the record of the case.

(2.) This criminal appeal arises out of a judgment and order dated 12.2.2014 passed by H.J.S., Additional Judge, Room No.7, Saharanpur in S.T. No. 271 of 2012 by which he has convicted and sentenced appellant Bhoora to hang till death under Section 302 I.P.C and fine of Rs.10,000/-, in default of payment one year rigorous imprisonment, seven years rigorous imprisonment under Section 201 IPC and fine of Rs.5,000/-, in default of payment, six months rigorous imprisonment, and three years rigorous imprisonment under Section 25 of the Arms Act and fine of Rs.1000/-, in default of payment, three months rigorous imprisonment.

(3.) The prosecution case in brief is that an FIR was lodged by Prem Singh on 4.11.2011 at about 11.20 pm at Police Station Teetro, Sub District Nakud, District Saharanpur with regard to an incident which took place on 3.11.2011. In the FIR, it has been stated that the informant Prem Singh S/o Bisan Singh, Village Ullawali, PS Gangoh, Saharanpur is a labour. His son Ashwani aged about 30 years was a frequent visitor to the house of Bhoora S/o Saleemu, as there was some money due from Bhoora payable to Ashwani. His son had gone to the house of Bhoora on 3.11.2011 and as he did not return till late evening, Prem Singh made inquiries about his son and in this regard he also visited the house of Bhoora where he could not find his son Ashwani and he also found that Bhoora and his family members were also not available at the house. It has further been stated that two persons, namely, Jeevan S/o Saadhu and Veera S/o Maandu had informed the informant Prem Singh that his son Ashwani was seen accompanying Bhoora and his brother-in-law Maamu going towards the forest. Thereafter, the informant Prem Singh went in search of his son Ashwani along with other persons of the village and when they reached the fields of Ompal Gurjar, they found the body of Ashwani from a well located in the fields of Ompal Gurjar. It has also been mentioned in the FIR that when the body of Ashwani was taken out from the well, there were injuries on the Stomach and Waist of the body. It has been mentioned in the FIR itself that Bhoora and Maamu on account of the money transaction had killed Ashwani and had hidden the body of Ashwani in the Well itself.