TUFANI Vs. STATE OF U.P.

JUDGEMENT

(1.) One Bhan Pratap Singh, s/o Shri Kamleshwar Singh was murdered in Village Bhagne, P.S. Jhangaha, District Gorakhpur on 15.5.77. The first information report about the murder was lodged by one Chhatrapati Singh, the cousin of the deceased at 7.05 a.m. on the same day. Nine persons in all were named in the first information report, out of which six persons were tried and convicted. Bhulan, Shyamdev and Bhanu said to have used a Bomb, Katta and Katta respectively have remained absconders; Ram Sumer, Amerika, Janiullah appellants were said to have been armed with kattas, Paltu with SBBL gun. Ram Brikash accused with Bhala while Tufani appellant is said to have held a lathi. According to prosecution version, one Ram Naresh, brother of Ram Sumer, was murdered some time before May' 1976 and Bhanu Pratap Singh the deceased in this case was named in the first information report as the person who had committed the crime. Bhanu Pratap Singh was released on bail and thereafter his murder took place. The facts about the murder of Bhanu Pratap Singh except the complicity of accused and facts mentioned above -constituting the motive have not been denied. Defence on the other hand has been that Bhanu Pratap Singh might have been murdered somewhere during the early hours of the night and they have been implicated because of enmity.

(2.) After trial, the accused appellants were found guilty of the offence under Sec. 302 read with Sec. 149 Indian Penal Code and sentenced to imprisonment for life. Ram Sumer, Amerika, Paltu, Ram Brikash and Jeniullah were also found guilty of the offence under Sec. 148 and sentenced to imprisonment for two years while Tufani was found guilty under Sec. 147 Indian Penal Code. and sentenced to rigorous imprisonment for one year. The judgment of conviction and sentences was rendered on 27.2.79 and aggrieved by both the conviction and sentence, the accused appellants have preferred these appeals. Criminal appeal No. 811 of 1979 is an appeal of Tufani, Criminal Appeal No. 993 of 1979 is an appeal of Paltu and Ram Brikash and Criminal Appeal No. 994 of 1979 is an appeal of Ram Sumer, Amerika and Janiullah. Being against the common judgment, these appeals have been heard together and are being dis posed of by this common judgment.

(3.) The prosecution had examined P.W.1 Chhtrapati Singh, P.W.2, Ram Kripal Singh and P.W.3 Chaturi as the witnesses of the occurrence of murder. P.W.4, Dr. India Pratap Singh had conducted the post-mortem examination, P. W.5 Vijai Bahadur Singh and P.W.8 Ram Sakal Singh were Sub-Inspectors of police who had investigated the case, P.W.6 Head Constable Chandrika Singh had prepared the Chick first information report and P.W.7 Constable Hamid Ali had escorted the dead body of Bhanu Pratap Singh and identified the same before Dr. Indra Praia Singh at the time of post-mortem examination. P.W.9 Narsingh Prasad had been Constable Moharrir at police lines, Gorakhpur and had proved the arrival of dead body and forwarding of the same for the purpose of post-mortem examination.