ANAKPAL AND OTHERS Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Rajiv Lochan Shukla, Advocate assisted by Sri Vinod Singh and Amber Khanna, learned counsel for the appellants and Sri J.K. Upadhyay, learned AGA assisted by Sri Kunwar Ritesh Singh, State Law Officer for the state.

(2.) This appeal has been preferred by the accused-appellants Anakpal (A1), Neeraj (A2) and Dheeraj (A3) against the judgment and order dated 6.6.2011 passed by the Additional District and Sessions Judge, Court No. 9, Bulandshahar in Session Trial No. 1102 of 2009 (State Vs. Anakpal and two others) arising out of Case Crime No. 213 of 2009, under Sections 302 and 201 I.P.C., Police Station-Jahangirabad, District-Bulandshahar by which they have been convicted and sentenced to undergo life imprisonment and to pay a fine of Rs. 10,000/- each together with default clause under Section 302 read with Section 34 I.P.C. and 5 years rigorous imprisonment and a fine of Rs. 5,000/- each together with default clause under Section 201 I.P.C.

(3.) Briefly stated, the prosecution case is that on 17.06.2009 P. W. 1 informant Munesh Kumar son of Radheylal Sharma, resident of Village Kuraina, Police Station-Jahangirabad, District-Bulandshahar gave a written report Ext. Ka1 at Police Station-Jahangirabad at about 9:15 P.M. stating therein that while he was raising the boundary of his rice field on 16.06.2009 at about 6 P.M., his younger brother Bhoora @ Vipnesh came on his motorcycle from the village and told him that his wife was suffering from acute stomach ache and asked him to go home. On receiving the aforesaid information, the informant left for his house on the same motorcycle leaving behind his brother Bhoora in the rice field. At that very point of time, accused-appellants Neeraj (A2) and Dheeraj (A3) who were residents of the same village as P. W. 1 informant Munesh Kumar arrived at the informant's field, each carrying two pouches of country made liquor in their hands and when informant inquired from them about the purpose of their coming to his field, they stated that they had come to give company to Bhoora who was all alone in the field. Thereafter the informant went to his house and got his wife examined by the midwife and his wife soon became normal, but he stayed back in his house to look after his wife as she was pregnant. However, when he discovered in the morning that his brother had not returned, he started searching him and inquiring about him from the villagers. While he was going towards his field, he met his uncle Gopi son of Narayan Prasad who told him that when he had gone to his tubewell yesterday in the evening to have a look at his munji crop, he had seen Bhoora sitting at his tubewell along with all the three accused-appellants and drinking liquor. Thereafter the informant along with his brother Dinesh and uncle Harsaran went to the house of the accused-appellants and when he inquired from them about his brother, they informed him that his brother was no longer alive and he would not be able to even find his dead body and challenged him to do whatever he wanted to do against them. Thereafter the informant went to his field along with the other villagers in search of his brother and upon noticing some blood spots at several places in the field of Prahlad and Pyarelal, he followed the trail of blood spots and reached a spot in the field of Pyarelal where he saw a heap of fresh mud and when the informant and the other villagers removed the mud, they found the dead body of informant's brother Bhoora buried under the heap with marks of injuries on his neck and other parts of his body.