CHAKRA PAL SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the appellants as well as Shri S.N. Bharadwaj, learned A.G.A. appearing for the State and perused the record.

(2.) This Criminal Appeal has been preferred by the appellants against the judgment and order dated 22.04.2011 passed in Session Trial No.706/2010 arising out of Case Crime No. 11/2006, under Section 364 I.P.C., Police Station Harpalpur, District Hardoi, whereby both the appellants were convicted of the charges framed under Section 364 I.P.C. and were sentenced to 03 years rigorous imprisonment and fine of Rs.1,000/- and to go further imprisonment of one month in default of fine.

(3.) The prosecution story, as emerges from the record of the Subordinate Court is that informant Neeraj Kumar submitted an application on 06.01.2006 to S.P. Hardoi stating therein that on 28.08.2005 at about 3:00 pm., Chakra Pal and Amar Pal (Appellants) took his father Vidyaram to the house of his In-law's namely Mahendra Singh, Guddu Singh and Vinod Singh. This incident was seen by Subhash Chandra S/o Ram Krishna and Bihari S/o Girwar. When his father did not return for 03 days, he, on 01.09.2005 at about 6:00 pm., went to the House of appellants and inquired about his father. Accused Chakra Pal informed him that, he do not know about the whereabouts of Vidyaram, as he might have gone somewhere and will return back on his own. It is also stated therein that the informant is having every doubt that his father Vidyaram had been murdered by above accused persons and his body has been disposed of. It is further stated that Appellants Chakra Pal and Amar Pal, in execution of a well-planned conspiracy, took Vidyaram at the house of their inlaws i.e. Mahendra Singh, Guddu Singh and Vinod Singh, situated at P.S. Kachauna, District Hardoi and in furtherance of their common intention, murdered him and disposed his dead body. He went to the Police Station for lodging of FIR, but only missing report was recorded and no further action has been taken.