MAHESH PAL SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Accused appellant Mahesh has been convicted of the offence of murder under Section 302/34 and of causing disappearance of evidence under Section 201 I.P.C. and sentenced to imprisonment for life and for one year respectively by order dated 17-5-1984 by the 3rd Additional Sessions Judge Shahjahanpur in S.T. No. 627 of 1983.

(2.) An F.I.R. in this case was lodged by one Shri Ram Kumar Singh. According to communications in this F.I.R. as also the statement of the accused under Section 313 Cr. P.C., the accused, the informant and the deceased and one Nem Singh were all real brothers. We are not concerned with Nem Singh here. Ram Kumar Singh is serving in Bareily while Dharmendra and Mahesh used to live in a house and at the same time Nem Singh and the mother of all, used to live in another room of the same house. Mahesh Singh had a wife Chameli, though, according to Ram Kumar, she was merely a purchased concubine but that is not going to matter such.

(3.) The prosecution story over and above the factors is in the form that this Chameli had illicit connection with one Malkhan, who was also accused in this case and is said to have been murdered during the trial. Malkhan used to maintain both Mahesh and Chameli and this was not liked by Dharmendra who occasionally objected to it and his raising of eye-brow was not liked by Mahesh who in his turn would warn Dharmendra with undesirable consequences for his uncalled for interference.