NAWAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THESE are two appeals against judgment and order dated 10. 8. 1982 passed by the vith Additional Sessions Judge, Ghaziabad in Sessions Trial No. 229 of 1978, State v. Sudesh Pal and another, whereby both the appellants in two appeals have been convicted under Section 302/34 and sentenced to life imprisonment.

(2.) AS per the prosecution story, one kamal Singh, brother of PW2 Shish Pal, was done to death some time in between the night of 31. 5. 1976/1. 6. 1976 in village Atoota within the circle of police station Babugarh district Ghaziabad. He was at his tube-well and was killed by some unknown persons. First informant Shish Pal Singh came to know of this incident through his brother hari Ram at Hapur, He was also told that at about 10. 00 p. m. deceased Kamal Singh was on the roof of his tube-well and was taking meals when two unknown persons were also sitting with him. This was witnessed by PW3 Hari Raj Singh, village Pradhan and resident of village Simrauli and his servant dungar PW4, who also was accompanying him. They were going to milk dairy of Hari raj Singh in village Bachhlauta on his tractor when the tractor broke down near a brick-kiln in village Upera and they were going to Bachhlauta on foot. The informant was further told that at about 10. 30 p. m. a mechanic had heard two persons calling kamal Singh by name. Shish Pal Singh on the information conveyed to him lodged a report stating the above facts and showing his suspicion that Kamal Singh might have been done to death by those four persons, i. e. those two who were sitting on the roof of the tube-well with him and those two who were later on seen calling him by name loudly. On the basis of that report a case was registered on 1. 6. 1976 under Section 302, IPC.

(3.) INVESTIGATION of this crime was taken up by Harish Chandra Rana, SI PW 8. Since it was a blind murder, the link which, according to the prosecution, came to light between crime and the appellants, was an extra-judicial confession allegedly made by appellant Sudesh Pal on 13. 6. 1976 before shyam Singh PW5, who was a landholder at village Upera and is related to Pradhan of village Upera. The first informant Shish pal is Pradhan of village Atoota. It is stated that the extra-judicial confession was made by Sudesh Pal appellant in presence of village Pradhan Kaley Singh requesting shyam Singh to come to his rescue. Sudesh pal told him that he had committed murder of kamal Singh on the instigation of one afla Singh. He disclosed to him that deceased Kamal Singh of village Atoota and afla Singh of village Bachhlauta had illicit relations with a lady Allabuxi and in that connection Afla Singh was having ill will against Kamal Singh and wanted to eliminate him. Afla Singh also instigated him by saying that deceased Kamal Singh has constructed a tube-well in village Atoota near the tube-well of Sudesh Pal appellant and this has reduced demand of water supply from other villagers and so Sudesh Pal's income had been adversely affected. Motivated by this incident and the instigation of Afla Singh, Sudesh Pal appellant with the assistance of his servant Dungar and Afla singh and another committed this murder. Sudesh Pal appellant also disclosed before shyam Singh that on the fateful night he and Kamal Singh had consumed alcohol and thereafter when Kamal Singh became sleepy, the appellant went to Bachhlauta and then he returned again to the said tube-well along with Afla and other person. He then called Kamal Singh loudly but did not get any response. He then went to the roof of the tube-well of Kamal Singh and attacked him. Kamal Singh jumped from the roof and appellant Sudesh Pal also jumped on him and Kamal Singh was then attacked by four persons, i. e. Sudesh Pal, his brother-in-law, nawal Singh, Afla and another.