RAM VEER SINGH Vs. STATE OF U P

JUDGEMENT

(1.) - This appeal is preferred by Ram Veer Singh Suresh and Chet Ram alias Chetu against their conviction and sentence under Sections 302/34 IPC and Section 201 IPC. These appellants have been sentenced to life imprisonment under Sections 302/34 IPC and for four years rigorous imprisonment under Section 201 IPC.

(2.) The case of the prosecution as available from the FIR and the evidence is that Dalchand alongwith his wife Smt. Raj Kaur, the informant and their son had gone to graze their cattle. On their way back at about sunset to their house reached the courtyard of Ganga Ram, they were accosted by the appellants who came out from behind the bushes. Ram Veer Singh was armed with a gandasa, Suresh was holding a Ballam and Chet Ram was possessing a lathi. They started be labouring the victim. Dalchand, with their respective weapons by saying that he should not be spared. The cries of the above witness and the victim attracted to the spot Chottey, Ganga Ram and Dhyan Singh all residents of Mohanpur. On a challenge being given by the witnesses the assailants started dragging the victim by holding him by his feet. When they were challenged they rushed towards the witnesses also and the witnesses thereafter abandoned the chase of the assailants. They came back to the village and after sometime the informant had gone to the spot with the village Chaukidar. She did not find the body of her husband at the spot although blood was found lying there. The search for the victim Dalchand was conducted by his wife throughout the night but he could not be located or found. No. villager was informed or taken into confidence by her.

(3.) The motive of this murder as is apparent from the FIR was to average the murder of Raghuvir Singh resident of village Bhadaria. Ram Veer Singh was nursing a suspicion that Dalchand the victim was instrumental behind the murder of Raghuvir. The FIR of the present incident was lodged at the police station. Ganeshkhera by Smt. Raj Kaur on the next day at 9.15 a.m. The body of the victim was discovered from a pond which was full of water after a month of the occurrence. It was first discovered by the Village Chaukidar. He informed Smt. Raj Kaur who identified the corpse so recovered from the pond of village Bhadaria as that of her husband Dalchand. Identity was based solely from the clothes worn by the corpse. After identification of the corpse she had communicated this information at 7.00 P.M. to the concerned police station.