LALA @ NARENDRA SINGH Vs. STATE

JUDGEMENT

(1.) This jail appeal, under Section 383 of Criminal Procedure Code, 1973 (hereinafter referred to as 'Cr.P.C.'), has been filed by Superintendent of Jail, Firozabad, against judgment of conviction and sentence of convict-appellant Lala @ Narendra Singh, son of Uttam Singh by Court of Additional District and Sessions Judge, Fast Track Court No. 4, Firozabad, in Sessions Trial No. 218 of 2004, arising out of Case Crime No. 17 of 2004 of Police Station Tundla, District Firozabad, with rigorous life imprisonment and a fine of Rs. 1,000/-, in default of payment of fine with further imprisonment of one year, for offence of murder, punishable under Section 302 I.P.C., for and on behalf of convict Lala @ Narendra Singh, languishing in jail, with contention that trial Judge failed to appreciate facts and law placed before it. Convict-appellant Lala @ Narendra Singh has been convicted for offence of murder punishable under Section 302 I.P.C. and sentenced with rigorous life imprisonment and a fine of Rs. 1,000/-, with a direction for undergoing further imprisonment of one year in default of payment of fine whereas there was material contradictions and inconsistencies in the testimony of prosecution witnesses, who were closely related witnesses, having enmity against convict-appellant. But learned Sessions Judge failed to appreciate the same. Investigation was erroneous, charge-sheet was submitted on the basis of erroneous investigation and concocted evidence, First Information Report (hereinafter referred to as 'F.I.R.') was delayed with no cogent explanation, hence, prayer for setting aside the impugned judgment of conviction and sentence therein, was made.

(2.) From the very perusal of record of trial Court, it is apparent that chik F.I.R. (Exhibit Ka-5) of Case Crime No. 218 of 2004, under Section 302 I.P.C. was got registered at Police Station Tundla, Ditrict Firozabad on 26.1.2004 at 12:30 P.M. for an offence of murder committed at 10:30 A.M. of 26.01.2004 at village Madavali, five kilometer north-east from Police Station Tundla, on the basis of F.I.R. (Ex. Ka-1), scribed by Indrapal Singh Pounia son of Sri Sonveer Singh, resident of same village Madavali and signed by informant Brij Bhushan son of Mahendar Singh of same village by Head Constable HM83 Rajendra Prashad Saraswat (PW-6), by making entry of this registration of case crime number at 12:30 P.M. as report No. 24 on the same day of 26.01.2004, in its G.D. Entry under one and common process by placing corban, proved and exhibited as Ex. Ka-6, with this contention that informant's Tau (elder brother of father), father of convict appellant Lala @ Narendra Singh had previously alienated his movable and immovable property resulting Lala @ Narendra Singh residing at the temple of Shala where father of informant i.e. Mahendra Singh used to visit for reading Ramayan. Lala @ Narendra Singh asked Mahendra Singh for giving some share to him from his house which was refused by him. Though, a civil suit had been filed by Uttam Singh as well as Lala @ Narendra Singh and there remained enmity regarding it. On 26.1.2004, Mahendra Singh went at above temple, informant followed him to above temple for having green chaff of Barseem (a green grass being fed to cattle), when Mahendra Singh after reading Ramayana came out from temple, Lala @ Narendra Singh, armed with sharp edged weapon Banka, did abuse with threat of dire consequences, Mahendra Singh ran while making rescue call. Informant along with Hari Om Singh, Digamber Singh son of Sri Charan Singh, Indrapal Singh son of Sonveer Singh all resident of village Madavali, present in the temple, ran towards Mahendra Singh. But Lala @ Narendra Singh gave blow at the neck of Mahendra singh, who fallen on the land then after many blow were given, resulting his instant death on spot. Informant too was chased by Lala @ Narendra Singh, with intervention of those persons including Hari Om Singh, he ran and fled towards field. This occurrence was of about 10:30 A.M., dead body was lying on spot, this report was submitted. Criminal machinery was put in the motion. S.H.O. Tundla rushed on spot, got plain and blood stained soil from the spot, which was taken and sealed in two containers, with preparation of specimen seal and recovery memo Ex. Ka-3, on spot. Lala @ Narendra Singh while being seated under hide in a field of mustard of Ram Singh, resident of Kaluva Nagra, was apprehended with weapon of offence at 5:30 P.M. of same day i.e. 26.1.2004 by S.H.O. (I.O.) S.P. Mishra, in presence of witness Dhramveer Singh, BalbirSingh, Indrapal Singh, Sishupal Singh and Tam Singh. This weapon of offence was stained with blood and soil but no license for same could be shown except a confession for murder of Mahendra Singh by this weapon, made by accused Lala @ Narendra Singh, his clothes Kurta with full sleeves and Lungi (open trouser) of Sleti colour with checks, were with stain of blood, confessed to be of deceased Mahendra Singh. These clothes and weapon of offence were taken in possession and kept under sealed intact position in two different clothes with preparation of specimen seal and recovery memo Ex. Ka-4 on spot under handwriting and signature of this S.H.O. (I.O.) S.P. Mishra and witnesses as above. Inquest proceedings followed by autopsy examination was got conducted. Investigation resulted in submission of charge-sheet for offence punishable under Section 302 I.P.C. over which Magistrate took the cognizance. As the offence was exclusively triable by Court of Sessions, hence, the file was committed to Court of Sessions. Court of Additional District and Sessions Judge/Fast Track Court No. 4, Firozabad, after hearing learned Public Prosecutor and learned counsel for accused, framed charge for offence of murder punishable under Section 302 I.P.C. on 21.6.2004 which was read over and explained to accused Lala @ Narendra Singh, who denied the same with a pleading of not guilty and claim for trial.

(3.) Informant Brij Bhushan was examined as PW-1, Hari Om Singh PW-2, Digamber Singh PW-3, Indrapal Singh PW-4, BalbirSingh PW-5, Rajendra Saraswat PW-6, S.P. Mishra PW-7, Dr. Shankar Ghule PW-8.