PAPPU Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction and punishment dated 30.07.2014 passed by the Additional Sessions Judge, Bansi, district Siddharth Nagar in ST No. 188/ 2010, State Vs. Pappu alias Ram Krishna, case crime no. 488/ 2009 u/s 302/34 read with section 201 IPC, police station Bhawani Ganj, district Siddharth Nagar by which the sole accused was convicted for charge u/ss 302/34 and 201 IPC and punishment with imprisonment for life and fine of Rs. 20,000/- (in default of payment one year's rigorous imprisonment) and for charge u/s 201 IPC a sentence for imprisonment of 7 years rigorous imprisonment and Rs. 5000/- as fine (in default of payment 6 months' rigorous imprisonment).

(2.) The informant Smt. Indrawati Devi had informed the police in writing on 8.12.2009 that on 6.12.2009 she was in her village Jaitapur. She was returning after answering the call of nature at about 6 am in the morning, when on her way she saw her husband Siyaram going to ease himself towards the west of the village. She saw that behind her husband his relatives Pappu, Vinod alias Binda (sons of Ram Sanware) were going with vogdan (sharped edged agriculture equipment) and hansua (ripper) and were talking about the harvesting of sugarcane. She came back home where her brother Parshuram (PW-6) and his friend Ramhit (PW-7) were sitting. When they left, she got engaged in her domestic affairs. When her husband did not return then she started searching him in the village and inquired from relatives but she could not find him. She had also written in her report that she had suspicion against Ram Sanware because of enmity due to a dispute over partition of land. She had suspicion that due to the said enmity Pappu, Vinod alias Binda and Smt. Kabutara might have murdered her husband. When her husband was going then her brother Ramhit had also seen him. On the basis of the above mentioned report case crime no. 488/2009 was registered on 8.12.2009 for offence u/s 364 IPC. Later on a human skeleton was recovered by the police on 11.12.2009 in village Jaitapur. Postmortem of the said skelton was performed on 11.12.2009 by Dr. J.P. Singh (PW-1), who found the head of the said body amputated by a sharp edged weapon and an incised wound was present over which the head was missing, and the temporal bone had also incised wound of about 7 cm x 3 cm. The doctor found that both the shoulders, abdomen, chest of the body were eaten by insects and only bones/ skeleton were present. Doctor (PW-1) also found no viscera was present in said dead body and it was decomposing. The time of death may be 4 or 5 days earlier to postmortem. During investigation police had also recovered one spade (fawda) from Pappu on 13-12-2009. After completion of investigation the police had submitted charge-sheet against three accused namely Pappu, alias Ram Krishna, Vinod alias Binda and Smt. Kabutara Devi for offence u/s 302, 201 IPC. During trial Kabutara Devi died and accused Vinod alias Binda was declared juvenile. So the trial proceeded only against accused Pappu alias Ram Krishna.

(3.) During trail accused (/appellant) Pappu alias Ram Krishna was charged for offence u/s 302/34 and 201 IPC. He denied the charges and claimed to be tried. In support of the charges the prosecution examined Dr. J.P. Singh (who performed postmortem), PW-2 Ram Sagar (witness of inquest), PW-3 Jagdish (witness of Inquest), PW-4 Constable Dharmendra Singh (for proving recovery of murder weapon), PW-5 Parashuram (witness of fact), PW-6 Constable Ram Sumer Yadav (Moharrir of police station), PW-7 Ramhit (witness of fact), PW-8 Constable Suresh Prasad Chaurasiya (for proving recovery of dead body), PW-9 Indrawati (informant and witness of fact), PW-10 Radheshyam, (scribe of written FIR) and PW-11 Retd. S.I. America Singh (witness of fact and also of recovery of dead body), PW-12 retired S.I. Ram Laut Chaudhary and PW-13 Smt. Saroj Sharma (the then S.O., police station Bhawaniganj).These witnesses had proved documentary evidence of prosecution side as Ex-Ka-1 to Ex-ka-16 and also material Exhibits (Exhibit-1 to Exhibit-12).