SHER SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction and sentence dtd. 30/3/2024, passed by the Sessions Judge at Firozabad in Sessions Trial No.300669 of 2013 (State of U.P. Vs. Sher Singh and others), arising out of Case Crime No.297 of 2012, Police Station Tundla, District Firozabad, whereby the accused appellants Sher Singh, Arjun Singh and Sanju have been convicted and sentenced to undergo ten years rigorous imprisonment alongwith fine of Rs.10,000.00, each, and in default of payment of fine, they shall undergo six months additional imprisonment and under Sec. 302 I.P.C. read with Sec. 34 of I.P.C. to undergo life imprisonment and a fine of Rs.10,000.00, each, and in default of payment of fine, they shall undergo six months additional imprisonment. All the sentences are directed to run concurrently.

(2.) The father of the deceased, namely, Charan Singh has lodged a written report stating that his 25 year old son Amar Pal @ Rinku (deceased) was running a shop of toys near the Vaishnav Dham Shrine. He used to sleep in the night at his shop. As per his routine, he had gone at about 7.00 p.m. on 29/4/2012 after having his meals to the shop but did not return in the morning. The informant visited the shop and found his son missing. On inquiry from the nearby shop owners, it transpired that two unknown persons had taken his son on a motorcycle, whereafter his mutilated body was found near the Agricultural University, having multiple stab wounds. Apprehension was expressed that due to enmity his son has been done to death. The body has been recovered near Kishan Dhabba, which is close to NH-2 in Village Kushayni. On this report FIR came to be lodged on 30/4/2012, under Sec. 302 I.P.C. Inquest was held on 30/4/2012 at 12.30 p.m. The inquest witnesses found multiple stab wounds on the body of the deceased and it was resolved that postmortem be conducted to ascertain the cause of death. The postmortem has been conducted in which following injuries were found on body of the deceased:

(3.) The FIR, admittedly, was lodged against unknown persons and the role of the accused appellants surfaced on the basis of an application of informant dtd. 17/5/2012, which is exhibited as Ka-2. In his report, the informant alleged that he has come to know that his son was done to death by the accused persons, namely, Sher Singh and Arjun Singh sons of Bhogi Ram and brother-in-law of accused Arjun Singh, namely, Sanju who lives with Arjun Singh. This application further stated that about four months earlier accused Sher Singh had alleged that informant's younger son Deepchand had an affair with his daughter. Deepchand was engaged in running cable business. On this apprehension, the aforesaid three accused had assaulted Deepchand and Amarpal and had extended threats that they would not leave them. It is also asserted that ever since the death of the deceased the accused persons are missing and consequently apprehension was expressed that these appellants have committed the murder of the deceased. It is on the basis of the apprehension expressed in the application of 17/5/2012 that the accused appellants have been implicated and a charge-sheet was submitted by the Investigating Officer on 16/8/2012. Cognizance was taken on the charge-sheet and case was committed to the court of Sessions which was registered as Sessions Trial No.300669 of 2013 (State of U.P. Vs. Sher Singh and others). Charges were framed against the accused appellants under Ss. 364 I.P.C. as well as under Sec. 302 I.P.C. read with Sec. 34 I.P.C. Charges were read out to the accused persons, who denied the accusations and demanded trial.