MISRI LAL Vs. STATE

JUDGEMENT

(1.) THIS criminal appeal has been filed against the judgment and order dated 25-09-1991 passed by Sri R. N. Singh, the then First Addl. Sessions Judge, Nainital in S. T. No. 293 of 1989 whereby the appellant Misri Lal was convicted and sentenced to undergo imprisonment for life and for a period of six months'r. I. under section 302 IPC and section 201 I PC respectively. Both the sentences were to run concurrently. Appellant Smt. Saraswati was convicted and sentenced to undergo imprisonment for life under section 302 IPC read with section 34 IPC.

(2.) THE facts, in nutshell, are that the deceased Lala Ram was living with his wife Smt. Saraswati and his children in Ward No. 2, Kasba and P. S. Sitarganj. Appellant Misri Lal was tenant in the house of the deceased. Ram Bhan Singh PW1 was also living in the house of the deceased as tenant. Smt. Saraswati - the wife of the deceased had an illicit relationship with the appellant-Misri Lal. In the intervening night of 22/ 23-12-1988, the deceased Lala Ram alongwith his wife and children was sleeping in the house. In order to com mit the murder of Lala Ram, appellants Misri Lal and Smt. Saraswati hatched a conspiracy and they committed the murder of Lala Ram. After sometime, Smt. Saraswati cried loudly and on this Ram Bhan Singh came near the room of Smt. Saraswati and found Lala Ram lying dead in the 'varanda'. Ram Bhan Singh asked her as to who has commit ted the murder of Lala Ram. She re plied that she did not know about it as she was sleeping. She further replied that when she came out of the room to ease her child, she found her husband lying dead in the varanda. Deceased Lala Ram had made an agreement of Rs. 1,50,000/ - in favour of Kedar Dutt to sell the agricultural land, due to this reason the appellants were annoyed with the deceased. THEreafter, C. B. Bhatt scribed the report on the dictation of Ram Bhan Singh PW1-informant in the same night. Ram Bhan Singh PW1 went to the police station where he lodged the FIR (Ex. ka1l) on 23-12-1988 at about lam. On the basis of report, a Chick FIR was prepared and necessary entries were made in the general diary. THE in vestigation of this case was entrusted to S. I.-S. P. Singh, who immediately visited the spot. After appointing panches he prepared the inquest report and other connected papers. THE dead body of the deceased was sent to the hospital for autopsy. THE police recovered the blood stained 'darqti' (sickle) and clothes of the appellants on the pointing of ac cused Misri Lal. After completing the in vestigation, the Investigating Officer sub mitted the chargesheet before the court against the appellants.

(3.) THE accused persons were exam ined u/s 313 Cr. P. C. and they have pleaded not guilty to the offence. THEy have stated that they have been falsely implicated in this case.