BUTA SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri J.K. Chakraborty and Sri M.P. Yadav, learned counsels for the appellants and Sri Syed Ali Murtaza, learned AGA for the State.

(2.) The present criminal appeal has been filed by appellants-Buta Singh and Iqrar Ahmad alias Lalla, under Sec. 374 (2) Crimial P.C. against the impugned judgment and order dated 31.1.2006, passed by Sri R.K. Jain, Special Judge/E.C. Act District Pilibhit, in Sessions Trial No. 509 of 2003, (State Vs. Buta Singh and another) arising out of Case Crime No. 110 of 2003, Police Station Amaria District Pilibhit, convicting and sentencing the appellants under Sec. 302/34 Penal Code to undergo rigorous imprisonment for life and a fine of Rs. 2000.00 each, in default of fine the appellants to further undergo six months additional imprisonment.

(3.) The case of prosecution, in brief, is that the informant Avtar Singh (P.W.1) gave an application at Police Station Amaria District Pilibhit stating therein that he is resident of Sitarganj District Udham Singh Nagar and his agricultural farm is situated under Police Station Amaria District Pilibhit. He had employed one Rambali as a servant who used to keep vigil of Mango grove, Engine and Motor etc. On 15.6.2003 at about 6 A.M. he received an information from P.W.3 Sukh Lal that Rambali is lying dead in the field. This information was reported at the Police Station by Avtar Singh on 15.6.2003 at 8.30 A.M., which was recorded vide G.D. No.16. On the basis of the said information, P.W.6 Rakesh Kumar Pandey proceeded to the spot and after conducting inquest Exhibit Ka-2 and collecting blood stained earth from the spot and also after preparation of the site plan, the dead body of the deceased was dispatched for Postmortem. Further the prosecution case is that during investigation the son of deceased Rambali namely Sugreev (P.W.2) gave an application to the Investigating Officer and also a copy of non cognizable report lodged by deceased Rambali against appellant Buta Singh. In the said application, Sugreev narrated the enmity of his father with both the appellants. The said application has been proved as Exhibit Ka-3 and it appears that solely on the basis of earlier enmity P.W.2 suspected the hand of appellants in the murder of his father. Thereafter during investigation, P.W.6 stated to have arrested the appellants on 1.7.2003 and at the instance of appellant Buta Singh, the alleged Banka used by him in the commission of murder, was also recovered near a culvert in village Badepura. The said recovery is said to have effected at 5.35 A.M. It is recorded in the recovery memo that on account of early morning no public witness could be procured.