SUBODH Vs. STATE OF U.P.

JUDGEMENT

(1.) Sole appellant Subodh has assailed the judgment and order dated 26.9.1983 passed by IIIrd Additional Sessions Judge, Muzaffarnagar in Sessions Trial No. 360 of 1982 (State Vs. Subodh and others) arising out of Crime No. 38 of 1982, Police Station Jansath, District Muzaffarnagar whereby appellant was convicted under Sec. 302 read with Sec. 34 Indian Penal Code ( in short, IPC) and sentenced to undergo life imprisonment.

(2.) Prosecution story, in brief, is that deceased Adesh left his residence on 14.3.1982 to go to Subodh son of Jai Singh Jat. On the same day, they were seen together by one Nathua and Sahendra (P.W. 2). Adesh did not return till evening, therefore, informant Baljeet (P.W. 1) went to the residence of Subodh to question him. However, Subodh showed his ignorance about whereabouts of Adesh. Informant searched the whereabouts of Adesh among his relations but of no avail. Therefore, he lodged a report at Police Station (in short, P.S.) Jansath on 20.3.1982 at about 10:15am which was recorded in General Diary (in short, G.D.) no. 21 at P.S. Jansath. In this report, a suspicion was expressed by informant that Adesh had been done to death by appellant Subodh.

(3.) This report was scribed by Satish Kumar (P.W. 3) and chik report is available on record as Ex. Ka-11. It is pertinent to point out that while recording this report in the G.D. of P.S. the Police concluded that no cognisable offence was visible from the contents of this report yet S.I. Fateh Singh Patel (P.W. 10) was asked to investigate the matter.