JAGAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This Jail Appeal under section 383 Cr.P.C. has been filed by convict appellant Jagan Singh against the judgment and order of conviction and sentence dated 9.12.2011 passed by Sri Piyush Sharma, Additional Sessions Judge, Court No. 8, Shahjahanpur, in S.T. No. 1059 of 2008, State Vs. Jagan Singh, arising out of Case Crime No. 72 of 2008, under section 302, 201 I.P.C., P.S. Madnapur, District Shahjahanpur, whereby the appellant has been convicted for offence punishable under sections 302 and 201 I.P.C. and has been sentenced for life imprisonment with a fine of Rs. 5000/- for offence of murder u/s 302 I.P.C. and in default for making payment of fine one year simple imprisonment and rigorous imprisonment of five years with a fine of Rs. 2000/- and in default five months simple imprisonment for offence punishable u/s 201 I.P.C., on the ground that Trial Court failed to appreciate the facts and law placed before it. Impugned judgment of conviction and sentence is against the settled proposition of law. There was material contradiction in the evidence produced by the prosecution and the case was not proved beyond reasonable doubt. Witnesses were interested and relative. Their testimonies were full of inconsistencies. The trial was based on circumstantial evidence and no motive was against the appellant. He was with no criminal antecedent, but has been falsely implicated in this very case crime number on the basis of political enmity. But the Trial Court failed to appreciate all those facts and materials placed on record. Hence this appeal.

(2.) Heard Ms. Kanchan Chaudhary, learned Amicus Curiae, for the appellant and Sri Udit Chandra, learned AGA for the State.

(3.) Written report, scribed by Jaydrath Singh, son of Hakim Singh, resident of Village Barua Patti Sanayak, P. S. Madnapur, District Shahjahanpur, having signature of Neetu Singh, son of Satyapal Singh, resident of the same village, on 26.2.2008 (exhibit Ka-1), was presented by informant-PW1- Neetu Singh at Police Station Madnapur of district Shahjahanpur, on 26.2.2008 at 5.00 P.M., on the basis of which chick F.I.R. (Ext. Ka-3) was lodged at above police station under handwriting and signature of HCP 52 Khemkaran Saroj (PW4) posted as Head Constable Moharrir at above police station on 26.2.2008 as Case Crime No. 72 of 2008, u/s 302, 201 I.P.C. against convict appellant Jagan Singh, son of Bhoop Singh, resident of Village Barua Patti Sanayak, P. S. Madnapur, District Shahjahanpur, with this contention that the informant's father Satyapal Singh had been at the hut of Jagan Singh at 7.00 P.M. of 23.2.2008 for asking back his money due against Jagan Singh. Informant too was accompanying his father Satyapal Singh. After conversation Jagan Singh managed to bring wine and both of them started taking it. Informant came back. But his father did not come back till late night. He went to above hut of Jagan Singh. They were not there. He searched his father in the village but it came to his knowledge that Jagan Singh too was missing since above night. On 26.2.2008 Vijay Vir Singh (presently deceased) and Mangoo Singh (PW2) apprised informant about confession made by Jagan Singh that he had buried dead body of Satyapal Singh at the corner of field of Sardar Mahendra Singh, but this was not to be disclosed to the family members of Satyapal Singh. After getting this information informant along with his maternal uncle Nanhkoo Singh, Bhoore Singh, Akhilesh Singh, Chandrapal Singh and many others of the village, went at the field of Sardar Mahendra Singh, whereupon a portion was appearing to be newly dug. Upon this suspicion that was dug, from where, dead body of deceased Satyapal Singh was recovered, hence it was fully believed that after murdering Satyapal Singh his dead body was buried there at by Jagan Singh and his friends. Hence, this report for legal action was lodged and dead body of Satyapal Singh was lying at the western side of the field of Sardar Mahendra Singh, besides road. This registration of case crime number was entered in the general diary entry at the time of registration of its crime number i.e. at Entry No. 33 at 5.00 P.M. by PW4 Khemkaran Saroj, who has proved chick F.I.R. (Ext. Ka-3) and G.D. Entry (Ext. Ka-4), of which there is no contradiction, exaggeration or embellishment and while put to accused-appellant as question no. 5 u/s 313 Cr.P.C. this has not been disputed that above case crime number was not registered at above police station at above date, time and place upon report of informant by PW4 Khemkaran Saroj. Rather reply is of his implication owing to political influence. Police machinery took motion and inquest report on the basis of inquest proceedings by S.I. Surendra Singh (PW5) was conducted on 26.2.2008. When this case crime number was got registered at police station in presence of above witnesses and being in-charge Station Officer of police station Madnapur S.I. Surendra Singh (PW5) took the investigation and proceeded at the place where hut was situated, which was at a distance of about 1 Km. from police station. Dead body of Satyapal Singh was kept at the field of Sardar Mahendra Singh and this was not exhumed by the police personnel, rather it was by village persons. There was no apparent external injury over person of the deceased. Inquest report was got prepared and dead body was sealed after wrapping in cloth. Specimen seal was got prepared, relevant police forms including photo of dead body, letter to C.M.O., letter to R.I. etc. were got prepared, under the handwriting and signature of this witness, which were annexed with the file. Spot map, prepared on the pointing out of informant was prepared under the handwriting and signature of PW5 and after completion of investigation charge sheet (Ext. Ka11) was filed, which has been formally proved by this witness.