BADAN SINGH Vs. STATE

JUDGEMENT

(1.) Present Jail Appeal has been directed against the judgment and order dated 31.07.2009 passed by Additional Session Judge, Moradabad in Session Trial No.27 of 2002 (State Vs. Badan Singh and two others) under Section 302, 201 IPC, Police Station Kurh Fatehgarh, District Moradabad, whereby Trial Court has convicted accused Badan Singh and sentenced him to life imprisonment and a fine of Rs.2,000/- under Section 302 IPC, 2 years R.I. under Section 201 IPC while acquitting accused Moolchand and Tikaram under the aforesaid sections.

(2.) Prosecution case in short is that P.W.-1 Komil presented a written report (Exhibit Ka-1) in the police station concerned stating therein that on 9.9.2001 at about 5.00 P.M., he himself and his brother Ram Prasad (victim) were sitting in the Verandah of one Chiranjee Singh, when accused Badan Singh came there and called upon him and on the pretext that there erupted some dispute amongst his relatives in village Imratpur, took the victim with him to settle the dispute. P.W.-2 Chiranji Singh and Sohan Lal Maurya, who were present there, have also seen Ram Prasad going with the company of the accused Badan Singh. When his brother did not come back for two days, he (informant P.W.-1) visited Ram Singh (brother in law) to know about Ram Prasad. Ram Singh told that Ram Prasad had not come there. On this, informant inquired Badan Singh accused about his brother whereupon he answered that on hearing news of compromise amongst relatives, the victim had returned to Jahangirpur the same day but Badan Singh was perplexed while saying this. Informant alongwith other colleagues searched Ram Prasad everywhere in relations but failed. On 14.9.2001, dead body of Ram Prasad was found in sugarcane field of Chunni. Body was damaged by some animals and decomposed and there were maggots in the body. It was also doubted by the informant that Ram Prasad was murdered by accused Badan Singh, Kishanlal, Tikaram and Veerpal on account of enmity with Kishanlal, Veerpal and Tikaram. Tehrir (written report) was got scribed by one Jaswant Singh.

(3.) On the basis of written report (Exhibit Ka-1), Chik FIR (Exhibit Ka-3) was registered by PW-4 Lala Ram Sharma in police station being Case Crime No.138 of 2001 under Sections 302, 201 IPC.