KARAM SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Karam Singh appellant has filed this appeal against his conviction under S. 302/34, IPC, and sentence of imprisonment for life awarded by II Addl. Sessions Judge, Bareilly on 26-9-1986 in Sessions Trial No. 456 of 1984. This appeal has been forwarded by the appellant from jail.

(2.) Sri Barmeshwar Tewari has been appointed Amicus Curiae and has argued the appeal on behalf of the appellant with ability. Sri V. B. Singh, learned A.G.A. has been heard on behalf of the State and the entire record has been minutely examined. The charge against the appellant was that on 19-5-1984 at about 2 p.m. in village Faiznagar, Police Station, Bhuta Bareilly the appellant along with co-accused Amrik Singh, his son, committed murder by intentionally causing the death of Pakhar Singh and thereby committed an offence punishable under S. 302/34, IPC.

(3.) The prosecution case is that an F.I.R. stood lodged on 20-5-1984 at 12.45 p.m. at Police Station, Bhuta, Bareilly. This is said to have been lodged by Satnam Singh, son of Pakhar Singh, deceased. It is further said that when this F.I.R. was lodged PW 4, Pradeep Kumar Thawan, Station Officer, Police Station, Bhuta was present. It was an oral report taken down by Head Constable Brijan Singh vide entry in general diary report No. 17, dated 20-5-1984. Its true copy has been proved as Ext. Ka 5. It is said that soon after this F.I.R. was lodged the informant Satnam Singh had taken the Station Officer, PW 4, Pradeep Kumar to the place where the dead body of his father Pakhar Singh was said to have put under earthen bricks by the appellant and his co-accused Amrik Singh. The dead body of Pakhar Singh was consequently recovered on 20-5-1984 and the dead body was sent to Bareilly for postmortem examination. The said PW 4, Pradeep Kumar, Investigating Officer had prepared the inquest report along with photo lash and challan lash. He forwarded the dead body along with two letters. All these documents have been proved as Ext. Ka 6, Ka 7, Ka 8, Ka 9, Ka 10 and Ka 11 respectively. It may be specifically mentioned here that blood-stained hair and blood-stained mud mixed with hair were also taken into possession by the police vide memo Ext. Ka 12. Plain earth was also recovered vide Ext. Ka 13 and the site plan has been proved as Ext. Ka 14. It may be mentioned here that though the Investigating Officer has said that the recovered articles were sent for examination to the Chemical Examiner and Serologist but no report has been produced or proved on the record. It, however, appears that there is one report relating to the hair said to have been recovered and sent to the Chemical Examiner who had said that on testing and comparing the same with the hair of the deceased it could not be opined that both are of the same person though there was physical similarity.