MUNNA AND ANOTHER Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri V.P. Srivastava, learned Senior Advocate, assisted by Shri Upendra Updhyay, learned counsel appearing for the appellants and Shri A.N. Mulla and Shri Sagir Ahmad, learned counsel appearing for the State.

(2.) The aforesaid Criminal Appeal has been preferred by the appellants Munna and Mahabir, against the judgment and order of conviction dated 9th May 1991 passed by the IInd Additional Sessions Judge, Etah in Sessions Trial No. 552 of 1988 State Vs. Munna and others , arising out of case crime no. 35 of 1987, under Sec. 302/34 I.P.C, Police Station Nidhauli Kalan, district Etah, whereby the appellants have been sentenced to imprisonment for life.

(3.) The prosecution story, as unraveled by the first information report, reflects that informant Kayam Singh son of Amaan Singh Yadav lodged written report at Police Station Nidhauli Kalan, district Etah on 28.7.1987 at 1.00 A.M. against four persons including present appellants with the allegations that they have caused death of deceased Sadhu Singh. It has been specifically stated that Sadhu Singh deceased who was employed as conductor in roadways department, had come to the village, it was around 4.00 P.M. when informant his cousin brother Rachhpal Singh and Anar Singh were talking to each other in the 'Sahan (Thar)'. Sadhu Singh, who was wearing underwear, was also there. Around 5.00 P.M. Ram Piari, mother of Gyan Singh @ Ginna, came to informant's 'Sehan' (Thar) and said to Sadhu Singh that his sons Munna and Ginna wished to return his money, which they had borrowed from him (Sadhu Singh) and he should settle the accounts of debt. Informant's brother Sadhu Singh accompanied Ginna's mother and went to the tubewell of the appellants, where Ginna, Munna and their brother-in-law (Bahnoi)Mahabir Singh were present. They began to settle their accounts under thatched roof and after half an hour, first informant went to the place when he overheard Sadhu Singh saying to Ginna that Ginna should give his buffalo to him and that would be in complete settlement of the debt. Ginna was reluctant and he wanted to sell his buffalo only on cash payment. He (Ginna) also promised that he would return borrowed money of Sadhu Singh in the month of 'Kartik'. Thereafter first informant returned to his residence (thar). It was around 6.00 P.M. all the aforesaid persons Ginna, Munna and Mahabir Singh took Sadhu Singh inside the tubewell room. Soon after reaching inside the room, Sadhu Singh screamed. When the first informant Kayam Singh and others responded to the shriek, and rushed towards the place, but they could not see anyone. When they came to 'Sehan' of Ginna, they saw Ginna's mother Smt. Har Piari scampering towards village from the side of 'Sehan'. When they reached at the 'Sehan', they saw Ginna, Munna and Mahabir coming out of their 'Sehan' and running towards Arind river around 6 P.M. While so running Ginna left behind is slippers. Clothes of all accused bore blood stains.