RAJPAL SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Appellant Rajpal Singh stood charged under sections 302 of the Indian Penal Code (in short "IPC"). Learned Sessions Judge convicted the appellant under sections 302 and 411 IPC and sentenced him to undergo rigorous imprisonment for life and two years respectively vide judgement and order dated 12.10.1983 in Session Trial No. 131 of 1983 (State v. Rajpal Singh) arising out of Crime No. 152 of 1982, Police Station (P.S.) Islamnagar, District Budaun.

(2.) The prosecution case is that deceased Sunder Singh was a resident of Islamnagar, District Budaun. Informant Mahendra Singh (P.W.-1), is the son of the deceased. Accused/appellant Rajpal Singh is the husband of elder sister of wife of informant Mahendra Singh. He was a resident of village Raheria, Police Station Wazirganj, District Badaun. It is alleged that deceased Sunder Singh had sold some of his property for Rs. 13,000/-. Accused/appellant Rajpal Singh was aware of this fact. On 15.09.1982 at about 11.00 A.M. deceased Sunder Singh and accused/appellant Rajpal Singh together left the house of the informant for depositing a sum of Rs. 2000/- in the Bank. It is stated that accused/appellant Rajpal Singh alone returned to the house of deceased Sunder Singh at about 4.00 P.M. and immediately left saying that he is going to the village Chhapra of his sister. Sunder Singh did not return till late in the night, therefore, the family was alarmed. On the following morning, informant Mahendra Singh contacted accused/appellant Rajpal Singh (brother-in-law, Sarhu of the informant) at his residence at village Raheria. Rajpal Singh explained that deceased Sunder Singh had left him at Bus Station, Islamnagar saying that he was going towards village Sithauli.

(3.) Informant Mahendra Singh and accused/appellant Rajpal Singh contacted one astrologer, who initially predicted the death of Sunder Singh and thereafter at the signal of Rajpal Singh told them that Sunder Singh would return in 4-5 days.