PHIKA ISHAR Vs. STATE

JUDGEMENT

(1.) The appellant Phika son of Ishar, 20 years old, cultivator, has preferred this appeal through jail against his conviction under section 201, Indian Penal Code, and sentence of Four years' rigorous imprisonment.

(2.) In the trial Court Phika and Mukhtara, the latter being the former's sister's son, were tried for offences under sections 302/34 and 201/34, Indian Penal Code, for the murder of Tara, a brother of Phika accused, and for concealing his dead body. The deceased was about 32 years old. 2a. According to the prosecution version the deceased Tara was a resident of village Rurewala, which is about one mile from village Katle. He along with his wife and children used to live in village Rurewala though he was employed under Pala Singh in village Katie. Phika and Mukhtara accused were in the employment of one S. Uttam Singh of Ramdas, which is about 21/2 miles from village Katle. It is alleged that Tara's wife used to have illicit intimacy with Phika and about a month before the present occurrence there was some kind of quarrel between the two brothers. About four or five days before 15th March 1960, Pala Singh P. W. and Tara were going from village Katle to Ramdas for making some purchases. Near the canal bridge of Panderi both the accused are alleged to have met Tara and Pala Singh; the accused are stated to be coming from the direction of village Ramdas. They accompanied Pala Singh and Tara back to Ramdas and when Pala Singh was making purchases the accused took Tara with them in order to make arrangements for his ration. Tara thereupon parted company from Pala Singh and joined the accused persons. Pala Singh came to his village and on the following day he went to village Rurewala to enquire from Tara's wife regarding his whereabouts, but she expressed ignorance. When Tara did not turn up for about five days, Pala Singh naturally became suspicious and lodged a report with Ramdas police station on 15th March 1960. There he named the two accused persons having been seen last with the deceased. As a result of this report, a case under Section 364, Indian Penal Code, was registered and search for Tara was started. On 16th March, 1960 at about 9 or 10 a. m., Phika accused was produced before the Station House Officer in village Pandori by Banta Singh P. W. 3. It is stated that Phika during interrogation made a statement, Exhibit P. B., in which he stated that he had concealed the dead body of Tara deceased in the sarkanda bushes near the kikarwala well in the area of village Katie. In consequence of that statement the accused led the party to that place and got recovered the dead body of Tara deceased.

(3.) Here it may be stated that the learned 1st Additional Sessions Judge came to the conclusion that the evidence on the record was not sufficient to sustain the charge of murder against either of the two accused Phika and Mukhtara. In so far as charge under Sec. 201, Indian Penal Code, is concerned, the learned trial Judge felt that it was fully established beyond reasonable doubt, but that too only against Phika accused; Mukhtara was, on this finding, acquitted even of that charge.