INDEL SINGH Vs. STATE OF M. P.

JUDGEMENT

(1.) This appeal has been filed by appellant Indel Singh @ Udai Singh son of Badam Singh being aggrieved by judgment dated 28.7.2000 passed by the Fourth Additional Sessions Judge, Gwalior, in Sessions Trial No.117/88, whereby appellant has been convicted under Sections 120-B, 302 and 394 of IPC and sentenced to five years RI with fine of Rs.1,000/-, life imprisonment with fine of Rs.3,000/- and ten years RI with fine of Rs.2,000/- respectively.

(2.) The appellant was charged for committing murder of Jagdish and Guddu with a view to loot their tractor alongwith co-accused Basanta and Rambabu. Co-accused Babu Khan, who was tried alongwith the appellant, was charged under Section 411 of IPC for receiving the looted property knowingly.

(3.) Prosecution story, in short, is that on 3.10.1987 Indel alongwith co-accused Basanta visited Jagdish asking him to cultivate his fields with his tractor and cultivator as Jagdish was having a tractor bearing registration No.MP W 4653 which he was using to cultivate fields of different persons on remuneration. On 3.10.1987 Indel and Basanta took Jagdish and his driver Pappu alongwith the said tractor, but on 13.10.1987 when Jagdish did not return back, then his brother Ramesh (PW-2) searched for him at Gohad and other places and thereafter lodged a report at police Station, Madhoganj. In this report, it is mentioned that accused Indel Singh has been caught by police Station, Malpura, Distt. Agra (UP) and his brother Jagdish alongwith driver Pappu had gone with him for cultivation and they have not returned, therefore, he has an apprehension that Indel and Basanta have committed some offence with his brother giving details of the clothes which were worn by Jagdish and Guddu at the time of leaving their home. Such report was noted down at Rojnamcha Sanha No.1064 as missing person report No.65/1987.