RAM PAL Vs. STATE OF U P

JUDGEMENT

(1.) This appeal against judgment and order dated 29.01.1992 passed by VIth Additional Sessions Judge, Sitapur in Sessions Trial No. 465 of 1990 (State Vs. Ram Pal and others) arising out of Crime No. 125/89 under Section 364 I.P.C., Police Station Pisawa, District Sitapur, whereby appellant-accused have been convicted and sentenced under Section 364 I.P.C. with rigorous imprisonment of 10 years each and fine to the tune of Rs. 4,000/-

(2.) The factual matrix of the case is that an F.I.R. was lodged by the complainant Bahore Lal on 06.08.1989 in Police Station Pisawa that around one month before appellant-accused Rampal, Rajesh, Hari Prasad and Lekhpal had come to his house when he along with his brother Ramesur and nephew Siya Ram were sitting in front of the house and appellant-accused called Siya Ram to accompany them thus they took away Siya Ram with them, but when even after passing of a month Siya Ram did not return, complainant inquired about his nephew from appellant-accused, they but expressed their ignorance. Complainant was sure that the appellant-accused had killed Siya Ram and thrown him somewhere. On the basis of written complaint (Exhibit Ka-1), Chik F.I.R. (Exhibit Ka-2) was recorded in Police Station under Section 364 I.P.C. and investigation was handed over to Sub-Inspector Mahaveer Singh, who visited spot on 07.08.1989 and prepared a site plan (Exhibit Ka-4) on the pointing of the complainant. Sub-Inspector Mahaveer Singh was recorded statement of complainant. His brother Ramesur and a witness Chetram under Section 161 Cr.P.C. After completing investigation charge-sheet (Exhibit Ka-5) was filed by the Investigating Officer in the Court against appeallnt- Ram Pal, Rajesh, Hari Prasad and Lekhpal.

(3.) On the basis of Charge-sheet appellant-accused were summoned by the Court and charge was framed against them under Section 364 I.P.C. The appellant-accused denied the charges and claimed to be tried.