- (1.) THIS appeal arises out of judgment and order dated 9-6-1980 passed by the then V Additional Session Judge, Agra in Session Trial No. 476 of 1979 whereby the above mentioned appellants have been convicted and sentenced to life imprisonment under Section 302 IPC read with Section 34 of the Indian Penal Code.
(2.) THE murder of a boy aged about 8 years Nand Lal, led to the prosecution of the appellants Bhuri Singh and Summera. Nand Lal was the only son of Yad Ram PW-1 and at the relevant period he was studying in Primary School, Lal Darwaza, Fatehpur Sikri. It is said that on 5-3-79 he had gone to his school at 10 in the morning and when he was coming back home at about 4p. m. after the closure of school and had reached near the temple of Hanumanji, Kunwar Sahab son of Mehi Lal, appel lants Summera son of Jyoti Kachchi and Bhuri Singh son of Kesaria met him and they called Nand Lal and took him with them. This was seen by Ram Bharose and Churamani. When the child did not reach home upto 5 p. m. his father Yad Ram went out in search of his son alongwith some other persons and when he was not found he lodged a written report Ex. Ka-1 on the next morning on 6-3-79 at 9. 05 a. m. about the missing of his child. Constable clerk Shyam Lal PW-7 prepared check report Ex. Ka-5 on the basis of the written report of Yad Ram and registered the case in the General Diary whose copy is Ex. Ka-5. Sub-Inspector Jorawar Singh PW-8 was present at the police station when the FIR was lodged. He recorded the statement of First informant Yad Ram at the police station and of other witnesses on reaching the village of incident. At about 2 p. m. he got an information that accused Bhuri Singh was present near the crossing of Bharatpur road. He immediately rushed to that place and arrested accused Bhuri Singh. On interrogation the investigating officer came to know of the complicity of the said accused and other accused per sons. It is further alleged that Bhuri Singh appellant told the investigating officer that he could get the dead body of Nand Lal recovered from the place where the same was buried. THE investigating officer then came to that place alongwith accused and witnesses from where the dead body of Nand Lal was recovered at the instance of accused Bhuri Singh. Inquest was held and necessary papers were prepared. One wooden Takhti (a wooden plank used for writing purpose), one bag, two books, two holders, chalk sticks were also found with the dead body. THEse articles were taken into possession by the IO through memo Ex. Ka-8. THE Investigating Officer then visited the place where Nand Lal was said to have been murdered and from there he took into his possession blood stained and plain earth through memo Ex. Ka-4. THE Investigating Officer also made a site map Ex. Ka-11. He thereafter recorded the statements of Yad Ram PW-1, Bhagwant Singh PW-2, Sahib Singh PW-4, Pooran PW-5 and others. THE investigation was then taken over by Station Officer Virendra Singh who on 21-3-79 submitted charge-sheet against Bhuri Singh, Soni, Babu Lai, Kunwar Sahab and Summera. From the evidence collected during investigation it was revealed that accused Soni alias Kishan Singh told accused Kun war Sahab at the hotel of Bajrang Baba that he had a dream that ten maunds of gold was lyingburied in the mahal of Jodha Bai and who so ever makes sacrifice of the only son of a person shall get that gold. Accused Kunwar Sahab talked about this dream to accused Bhuri Singh and Sum mera and thereafter they planned to kid nap and kill Nand Lal the only son of Yad Ram for that purpose. When Nand Lal on 5-3-79 was returning from his school the aforesaid three accused persons inter cepted him near the temple of Hanumanji. Nand Lal at that lime was accompanied by two other children Pooran P W 5 and Wazir. Accused Kunwar Sahab gave ten paise each to Pooran and Wazir to bring cigarettes and also allured Nand Lal by giving him 4 annas. On this pretext the accused persons took Nand Lal to Ghora Mahal and there Bhuri Singh and Sum mera caught hold of Nand Lal while Kun war Sahab stabbed him in his abdomen as a result of which he met spontaneous death. Since his murder was committed in conse quence of the dream told by Soni alias Kishan Singh, the accused persons cut off both the ears of Nand Lal and thereafter placed the dead body in a pit over the hillock at a distance of about 100 paces from 'ghora Mahal' and covered the dead body with stones from where the same was got recovered by accused Bhuri Singh after he was arrested by the investigating officer on 6-3-79. The post mortem on the dead body of Nand Lal was conducted by Dr. K. P. Singh PW-9 who found a stab wound 1-1/2" x 1" x abdominal cavity deep on the left side abdomen on upper part 1/2" above um bilicus, through the wound loops of intestines were protruding. One stab wound was also found on the left lower back side which was corresponding to the stabbed injury caused on the abdomen. One Lacerated wound measuring 4/10" x 3/10" x bone deep on left side temple was also found. The doctor also found the fol lowing post mortem injuries: (1 ). Irregular lacerated wound 1" x 2/10" x 1 /10" on the right ear pinna. (2 ). Lacerated wound irregular in an area 2-1/2" x 1" x around the root of the left ear with complete absence of the left ear pinna. (3 ). Lacerated wound irregular 2" x 1/2" x muscle deep on the front the left down part of the foot and toe and fingers.
(3.) IN the opinion of the doctor death had occurred due to shock and hemor rhage as a result of ante mortem injuries, post mortem report is Ex. Ka-13. Only accused Bhuri Singh and Summera were committed to the Court of Session to stand their trial because ac cused Kunwar Sahab could not be arrested as he was absconding.;