NATHU LAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Eight persons in all including the present appellant Nathulal and seven other persons namely Meharban, Ghurai, Jagdish, Girdhari, Narainlal, Jagannath and Lakhan Ram faced their trial before Mr. R.P. Gupta, I, the then IV Additional Sessions Judge, Pilibhit in Sessions Trial No. A 142 of 1977 for offences punishable under Ss.147, 302, 201 and 364 of the I.P.C. By his judgement and order D/-24-8-1978 the learned Sessions Judge did not find any case made out against the remaining seven persons except Nathu Lal and acquitted them. Against Nathulal, however, the charges under Ss.302 and 201, I.P.C. were found to be made out. He was accordingly convicted and sentenced to imprisonment for life on the first count and two years rigorous imprisonment on the second count. Now he comes up in appeal.

(2.) The prosecution case was that one Babu Ram was resident of village Simra Kesaupur, Police Station, Faridpur, district Bareilly, Ram Saran who is the first informant of this case, was a police constable posted at Budaun. The accused Nathu Lal and others who were implicated in this case, were all residents of village chhutkuna, which lies within the area of police station, Bisalpur, district, Pilibhit, Bahu Ram was having illicit connection with the wife of Nathu Lal appellant and this fact was resented by Nathu Lal who did not like the visit of Babu Ram at his house. It appears that on 14-7-1976 Babu Ram went to village Chhutkuna. In the night between 14/15-7-1976 all the eight accused including Nathulal appellant were seen taking Babu Ram from the house of Nathulal tied up with a rope, which was held by acquitted accused Lakhan. Another acquitted accused Narainlal was holding a Banka. The culprits were all saying that they were taking Babu Ram to the police station, in view of the fact that he had brought dishonour to the family of Nathu Lal by entangling himself with his wife. It is however contended that rather than take him to the police station, they committed his murder the same night.

(3.) It also appears that Nathulal took his wife to village Rasula and left her somewhere and lodged a false report Ext. Ka-12 at police station. Bisalpur, District Pilibhit on 15-7-1976 with an allegation that his wife had been enticed away by Babu Ram on 14/15-7-1976. It also appears that this lady had found some opportunity and had sent an information of this incident to Ram Saran constable the first informant who is the brother of deceased Babu Ram through one. Dwarka Prasad of village Madaria which adjoins village Chhutkuna. Ram Saran first went to his village Simra Kesaupur and obtained an information that on 14-7-76, the deceased Babu Ram had gone to village Chhutkuna. Thereafter Ram Saran reached village Chhutkuna, and met witnesses Net Ram, Chet Ram, Sumer and Shyam Behari who narrated the details of the incident to him. Then Ram Saran lodged the first information report Ext. Ka-1 at police station, Bisalpur on 20-7-1976 at 12.40 p.m. and this is the basis of the present case.