DHARMA ALIAS DHARAM SINGH Vs. STATE

JUDGEMENT

(1.) PRAFULLA C. Pant, J. These appeals, preferred under Section 374 (2) of the Code of Criminal Proce dure, 1973 (hereinafter referred as Cr. P. C.) by the appellants Dharma @ Dharam Singh and Palla @ Pahalwan Singh, are directed against the judgment and order dated 28-02-1984, passed by the learned Sessions Judge, Nainital in Sessions Trial No. 89 of 1982, under Section 302, 364,201 of the Indian Pe nal Code, 1860 (hereinafter referred as I. RC), sentencing them to imprisonment for life, under each count.

(2.) AS both the appeals arise out against the same judgment and order, hence, are being decided by this com mon judgment.

(3.) AFTER the First Information Report was lodged, Sub Inspector B. S. Garbyal (RW. 7) started investigation in the mat ter. On 24-01-1982, the Investigating Officer visited the place of occurrence and prepared the site plan (Ext. A-7 ). On the same day, he got the informa tion that the accused were hiding in the jungle. On this information, more police force was called for the search of the accused but it could not succeed in ar resting them. On the very next day on receiving information about accused per sons, an encounter took place between the police and the miscreants including Gurdeep Singh at the Dera (abode) of Sardar Uttam Singh in which accused Gurdeep Singh and one Mana Singh were killed and Nagendra Singh, Station House Officer also got assassinated. On further information that the accused Dharma @ Dharam Singh and Palla @ Pahalwan Singh are staying with Bakar Singh in Rajasthan, RW. 7 Sub Inspec tor, B. S. Garbyal along with police party went to Rajasthan for their arrest. On 10-02-1982, at about 1:00 RM. , the house of Bakar Singh was surrounded by the police with the assistance of Hanumangarh police. Accused Palla @ Pahalwan Singh and Dharrna @ Dharam Singh tried to escape and in the proc ess opened fire at the police party with country made pistols. However, they were arrested and were brought to Po lice Station Hanumangarh, District Ganganagar, Rajasthan. The accused were made "baparda" (faces covered) before entering the territory of Uttar Pradesh and on 13-02-1982, at about 2:40 RM. , and were given in the custody at Police Station Jaspur. An entry in this regard was made in the general diary. During the interrogation in police custody accused Palla @ Pahalwan Singh and Dharma @ Dharam Singh Con fessed that on 23-01-1982, at about 4:00 PM. , they abducted Kartar Singh with intention to kill him and took him in the jungle, Gurdeep Singh opened two fires at him as a result of which he died and, thereafter, his body was burnt in the plantation of the jungle of village Bhogpur Dam, Police Station Jaspur. Therefore, on 14-02-1982, PW. 7 Sub Inspector, B. S. Garbyal along with other police personnel led by accused Palla @ Pahalwan Singh went to the plantation and at the instance of accused Palla @ Pahalwan Singh recovered some bones, burnt woods and ashes, material Exts. 1 to 5 and prepared recovery memos Ext A -2, A -3 and A -4, respectively. The Investigating Officer prepared inquest report (Ext. A-5 ). He also prepared site map (Ext. A -8} of the place from where the incriminating articles material Exts. 1 to 5 were recovered. The Investigat ing Officer prepared letter (Ext. A-10) addressed to the Medical Officer, Incharge, requesting for the postmortem of bones recovered. He also prepared sketch of the dead body (Ext. A -11), police form No. 13 (Ext. A -12), and sent the recovered bones to the Medical Officer for examination through Consta bles Naresh Pal and P. W. 6 Manwar Singh and P. W. 5 Dr. J. C. Arora, Medi cal Officer, Civil Hospital Rudrapur, ex amined the recovered bones, at 12:30 PM. , on 15-02-1982. Before that on 14-02-1982, the Investigating Officer depos ited the recovered article and given the custody of the accused at Police Station Jaspur and converted the case under Section 302 / 201 of the I. P. C. , against the accused and entry to this effect was made in the general diary, a copy of which is Ext. A-15. Further investigation of the case was conducted by P. W. 8 Station Officer, Ajai Pal Singh, who af ter completing the investigation, submit ted charge sheet (Ext. A - 18) against the accused persons, namely Palla @ Pahalwan Singh, Dharma @ Dharam Singh and Baja Singh @ Baaj Singh, to the Magistrate.