SWAMIDIN & ANOTHER Vs. STATE OF U P

JUDGEMENT

(1.) The appellants who stand convicted for the offence punishable under Section 302 IPC read with Section 201 IPC by the judgment and order dated 26. 4. 1989 passed by the Sessions Judge, Banda whereby the appellant no. 1 has been convicted and sentenced to undergo sentence of imprisonment for life under Section 302 IPC and 4 years R. I. under Section 201 IPC. The appellant no. 2 has been found guilty under Section 201 IPC. She has been sentenced to undergo 4 years R. I. under Section 201 IPC. By this appeal, the appellants have challenged correctness of the conviction and sentence.

(2.) The prosecution case in brief is; Rajauwa, PW-2 on 17. 6. 1987 at 09:30 p. m. made an oral complaint at Police Station Kotwali, Banda, which was registered as Case Crime No. 415 at 09:30 p. m. under Section 302/201 IPC against the appellants alleging that they have murdered his young son Virendra. In his compliant he stated that he is the resident of Village Pachnehi, Police Station Kotwali District Banda.

(3.) It was stated that on 16. 6. 1987 in the evening his son Virendra Singh had informed him that he would go to Banda on the next day to attend his criminal case. He went to the house of Swamidin along with him. Swamidin works at his farm on casual basis and he was on friendly terms with Virendra. At times he used to stay at the house of Swamidin. On the said day he did not return to home. This did not raise any suspicion in his mind because earlier also on several occasions he had stayed at Swamidin's home. Hence, he did not make any search for him. On the next day when he did not return in the evening then he informed the PW-5 Bhagwandin about the fact that Virendra had gone to Banda but did not return. Both of them went to enquire from Lallu who was a co-accused in the said case. Lallu informed that Virendra did not go to the court and he had moved an adjournment application. Thereafter the complainant and PW-5 went to the house of Swamidin to enquire the whereabouts of Virendra Singh.