FATEH SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an appeal by one Fateh Singh who was convicted by the Vth Additional Sessions Judge, Bulandshahr on 1-11-1977 under Sections 302 and 201 IPC in S. No. 207 of 1975 and has been sentenced to Life Imprisonment for his conviction under Section 302 IPC and to RI for one year for his conviction under Section 201 IPC. The sentences were to run concurrently. The appellant is on bail by an order of this Court dated 9-11-1977.

(2.) According to the prosecution story, it is a case of murder of a teenaged brother-in-law by his sister's husband for absolute inheritance of the property of the in-laws. It is alleged that the appellant Fateh Singh had taken away his wife's minor-brother, Ganga Prasad, from village Peetubash, P. S. Sikandarabad on 1-10-1974, and he took him to Delhi and had committed murder of the boy by strangulating him and had thrown away the dead-body in a ditch.

(3.) On 4-10-1974 Ram Kali, the mother of the deceased lodged a report at Sikandarabad police station stating therein that her only son Ganga Prasad, aged about 12 years, had come home from his college at about 10 a.m. and after giving him the meals the mother went to the forest. On her return at about 1 p.m. she did not see the boy in the house. She made searches here and there and only thereafter the report (marked Ext. Ka. 2 during trial) was lodged. In this report, the mother of the boy indicated the description of the boy as also the description of the dress he wore on that day.