PURAN LAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Appellant Puran Lal S/o Sri Hem Raj, resident of Dhoura Police Station Gaujraula District Pilibhit has preferred the present appeal against the judgment and order dated 2-8-1994 passed by Sessions Judge Naini Tal in S.T.No. 222 of 1989 convicting the appellant under Sections 302, 201, I.P.C.and sentencing him to undergo rigorous imprisonment for life under Section 302, I.P.C.and rigorous imprisonment for a period of 5 (five) years under Section 201, I.P.C.

(2.) Brief facts giving rise in the present appeal are that the appellant Puran Lal and deceased Jugal were working as labourers at Cheema Farm within local limits of police out post Majhola, Police Station Khatima, District Naini Tal. According to the prosecution story the accused was living with his family while Jugal was living alone. It is alleged that the accused suspected of development of illicit relations between the deceased and his (accused's) wife. On 12-4-1989 at about 7-8 p.m. the accused was seen going out of the Farm in the company of the deceased. The accused Puran Lal returned to the Farm some time thereafter. But Jugal did not return. The matter was reported to the Manager of the Farm Sri Har Bhajan Singh (P.W.6) A search was made for Jugal but on 13-4-1989 he could not be traced out. On 14-4-1989 on further search being made headless body of Jugal was found lying at the bank of lake near the Cheema Farm.

(3.) The first informant Jitayee Miyan who also worked as the labourer got the first information report (Ex. Ka. 3) scribed by one Brij Bihari Lal and lodged the same at out post Majhola at 2.30 p.m. on 14-4-1989. A case was registered under Sections 302, 201, I.P.C.The investigation of the case was taken up by S.I.Sri Harish Chandra Singh (P.W.10) who was posted as S.I.incharge at the said police out-post.