LAWS(ALL)-2018-5-293

BALRAM AND ANOTHER Vs. STATE OF U P

Decided On May 16, 2018
Balram and Another Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) Heard Sri Munna Babu, learned counsel for the appellants and Smt. Manju Thakur, learned AGA for the State.

(2.) This appeal is directed against the judgment and order dated 7.11.2012 passed by Special Judge, (Dacoity Affected Area), Farrukhabad in S.T No. 426/2008 (State Vs. Balram and another) by which appellant, Balram and co-accused Gajraj were convicted and sentenced to life imprisonment and a fine of Rs. 5000/- each and in default of payment of fine two years additional rigorous imprisonment under Section 302 IPC and five years rigorous imprisonment and a a fine of Rs. 3000/- each and in default of payment of fine one year additional simple imprisonment under Section 201 IPC.

(3.) Briefly stated the facts of this case are that P. W. 1 (informant) Kamlesh Kumar Singh son of Dafedar Singh resident of Bahorikpur, Police Station Jahanganj, District Farrukhabad gave a written report Ext. Ka1 on 29.5.2008 at 14:30 hours alleging therein that his elder brother, Vijayveer Singh son of Dafedar Singh resident of Bahorikpur, Police Station Jahanganj, District Farrukhabad had gone to guard his field at about 11 P.M. on 28.5.2008. However, when he did not return till late night, he and his family members became anxious and started searching for him. Raghuvir Singh son of Sundar Singh and Ramanuj @ Bablu both residents of Village Bahorikpur met the informant on 29.5.2008 and told him that they had seen his brother Vijayveer Singh at about 6 P.M. with Balram (appellant) son of Suwalal resident of Nagla Roop and Gajraj son of Brajlal resident of Behta going somewhere on Balram's tractor on which he and Arun Kumar son of Dafedar Singh, Uday Singh son of Veerbhan Singh, Rajveer Singh son of Deep Singh, Ranveer Singh son of Bachan Singh, Udaiveer Singh son of Bheekham Singh, Raghuvir Singh son of Sundar Singh and Ramanuj set out in the search of Balram and Gajraj and when they reached near the tubewell of Chunni Lal on the banks of river Kali, they saw Balram and Gajraj who upon noticing the informant and the other villagers tried to flee but they were apprehended by the informant and the other villagers after giving them a short chase at about 12 noon and on being strictly interrogated and thrashed by the informant and the other villagers they confessed that they had committed the murder of brother of P. W. 1 Kamlesh Kumar Singh and concealed his dead body in the river. On being pressurized further by the informant and the other villagers, they fished out the dead body of Raghuvir Singh hidden by them under the shallow waters of river Kali in front of the field of Chunni Lal. Thereafter, they along with the accused and the dead body of the deceased-Raghuvir Singh came to the police station for lodging the FIR of the incident.