SHREE AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) These two appeals have been preferred against the judgment dated 11.6.2015 passed by the Sessions Judge, Ballia in S.T. No. 184 of 2012, State Vs. Shree @ Shree Kishun Turha and Another, Case Crime No. 39 of 2012, Section 302/34 I.P.C., P.S. Maniyar, Ballia, by which these two appellants Shree @ Shree Kishun Turha and Dashrath Turha were convicted under section 302/34 I.P.C. and each were punished with imprisonment for life and Rs. 15,000/- as fine (in default of payment of fine, one year simple imprisonment).

(2.) Prosecution case in brief is that on 05.05.2012 at about 9:30 p.m. Subhash Verma (the brother of informant Gulab Chand Verma PW-1) had taken his meals and went to his pumping-set to sleep but did not reach there. Next morning on 6.5.2012, informant's nephew Shiv Ji Verma (PW-4) informed him that Subhash had not reached the pumping set at night. Then the informant Gulab Chand Verma started searching Subhash. In the same evening at about 5:30 p.m. some women of the village had seen the dead body of a man in the Maize field of the village and raised an alarm whereupon the villagers including the informant had reached there and found the dead body of Subhash Verma lying there. They also found that in the abdomen of the dead body of Subhash one sharp edged weapon of iron was inserted and his intestines were protruding out of the body. Thereafter informant Gulab Chand Verma gave a written report of the incident at the police station on the same day, i.e. on 6.5.2012 at 18:45 hours. In his report he had also written that it appears that some unknown person had murdered his brother Subhash Verma with a blow of Barchhi (sharp edged weapon). On the basis of the said F.I.R., Case Crime No. 39 of 2012 was registered.

(3.) During investigation of the case, first Investigating Officer S.I. Abhay Kumar Singh (PW-8) had visited the spot and got the inquest report prepared and sent the dead body of Subhash for post-mortem. On the same day, i.e. on 6.5.2012, this I.O. had recorded the statement of informant Gulab Chand Verma (PW-1) and that of Shiv Ji Verma. These witnesses had not named any person, who may be doubted for the murder of Subhash. Informant Gulab Chand Verma had informed the I.O. that it appears that some unknown person had murdered his brother Subhash in the night of 5/6.5.2012. Shiv Ji Verma was the witness of inquest and had informed nothing to the I.O. on that day. The post-mortem of the dead body was conducted on 07.05.2012 at about 4:30 p.m. by Dr. R.N. Upadhyay (PW-5), who had proved that one scratched contused swelling on right parito-occipital region and one incised wound 7x6 c.m. in abdominal region was present on the dead body of Subhash and intestines had come out of the dead body with blood clots, which proved his murder. On 09.05.2012 first Investigating Officer (PW-8) had recorded the statement of Smt. Muniya Devi, wife of deceased Subhash Verma, under section 161 CrPC, in which she had only stated that her husband Subhash was in friendship with Shree Turha, who had taken a loan of Rs. 10,500/- from her husband and she had therefore doubted that Shree Turha might have been involved in the murder of her husband. None of the witnesses of fact had stated anything regarding the last seen evidence of deceased. After investigation charge-sheet was filed, on the basis of which Sessions Trial No. 184/2012, State Vs. Shree Kishun @ Shree and Dashrath Turha was registered.