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

JUDGEMENT

(1.) This criminal appeal has been preferred by the accused appellants against the judgement and order dated 4.9.2012 passed by the Additional District & Sessions Judge, Court No.7, Badaun in Session Trial No. 662 of 2009 (State vs. Pappu @ Veerbhan and others) convicting and sentencing the appellants for the offences punishable under Sections 304/34 IPC to undergo ten years rigorous imprisonment. Fine was also imposed.

(2.) At the outset, it is mentioned here that by the order dated 23.9.2015 the appeal in respect of the appellant no.2 has been abated. Hence, the Court is proceeding to hear and decide the appeal in respect of the rest of the appellants i.e. appellant nos. 1,3 and 4.

(3.) The facts of the case, as unfolded by the informant Chandra Pal Singh son of Ayodhya Singh that despite repeated efforts for lodging the FIR, the case was not lodged by the police concerned, on 12.6.2008, the informant submitted application u/s 156(3) Cr.P.C. before the court concerned making averments that on 17.2.2008 at about 8 and 9 p.m. Rajeshwar son of Siya Ram, Nanhe son of Pooran, Fafundi @ Kunwarpal and his cousin nephew Pappu @ Veerbhan took away his brother Jhabbu Singh son of Ayodhya Prasad from his house in the presence of the complainant and other family members on the pretext of a compromise having been arrived at between them regarding disputed land. When deceased returned home after couple of hours, his condition was critical and precarious and was worsening gradually. The informant alongwith Rati Ram son of Jai Ram, Surendra son of Bedram went at the house of those four persons but they were not present at their houses. Having suspicion on their conduct, the informant rushed to Alapur Police Station and informed the Police about the incident. On information, the Incharge of the Police Chauki and two constables reached the house of the informant and met and talked with Jhabbu Singh, the deceased named those four persons and told that they administered poison in liquor and after a while, before the police personnels, Jhabbu Singh breathed his last. Urgently, the dead-body of the deceased was sent for post-mortem by the police. The Station Officer was not present at the Police Station and when the informant and other persons reached at mortuary, they saw the concerned Station Officer having some talks with the doctor conducting the post-mortem. When the concerned Station Officer saw them, he began to abuse them and removed them from there. When the informant and other persons enquired about the FIR from the Station Officer, he told that FIR had already been lodged by the chaukidar Sabir and there was no need of another FIR and get the post-mortem prepared as per his choice. After cremation, when the informant and other villagers went to meet the said Station Officer, hurling abuses, he said that he had been transferred and he would release the aforesaid four persons at his order. Appellant no.2 is already undergoing life imprisonment in connection with one murder case and the criminal trial is also pending against the appellant no.4 for allegedly murdering his wife before the court concerned.