Palok Basu, J. - (1.) THE three connected appeals have been filed by the four appellants Munshi, Waris, Ishaq and Shaukat against their conviction and sentence under Section 302/34 IPC to imprisonment for life and under Section 394 IPC to seven years R.I. as recorded by Sessions Judge Muzaffarnagar on 23-12-1978 in Sessions Trial No. 115 of 1978.
(2.) THE charge against the appellants was that they have committed the murder of one Hukam Singh in between the night of 7th and 8th of October, 1977 in the jungle of village-Makhiyali, near Bhopa Road, police station Nai Mandi, Muzaffarnagar, after depriving the deceased of wrist-watch and cycle. The points relevant in the present appeals are as to whether the prosecution case sought to be proved against the appellants on the basis of their identification by eye-witnesses and of the articles recovered from two of them, namely Shaukat (watch of the deceased) and Ishaq (cycle of the deceased), can connect them with the murder or with the alleged robbery. Learned counsel for the appellants have not challenged the prosecution case relating to the recovery of the dead-body of Hukam Singh near about 10 A.M. on 8-10-1977 lying in Rajbaha (water channel) near the culvert of Bhopa Road whose hands and legs were tied with a. string and a loop of rope was also found round the neck, but he has very seriously challenged that none of the appellants can be convicted on the basis of the evidence produced by the prosecution as it falls short of proving; the requirements of law. According to the prosecution case Hukam Singh was a teacher in the primary Pathshala in Village Jat Majhera and had left around 9 A.M. on 7-10-1977 but did not come back till 7 P.M. resulting in his search but he was not found. The next morning around 10 A.M. a dead-body was recovered from the water channel and a First Information Report was lodged by his brother Ghamman Singh at the police station at 10.30 A.M. on 8-10-1977. The Station Officer was present who recorded the statement of the informant and proceeded to investigate the matter. The inquest was done by Sub-Inspector S. C. Tyagi under his supervision. Necessary memoranda were prepared about the recovery of the dead-body and allied materials. It is said that the Investigating Officer obtained from the informant a cash memo of 'Atlas' cycle having frame No. 313449 purported to have been issued to Hukam Singh deceased and a recovery memo about it was also prepared. Further case of the prosecution is that some witnesses including Daya Nand, PW 5 and Chatru, PW 6 had seen the deceased going on the foot-path near Rajbaha walking with the cycle in his hands. They had seen four persons sitting at the culvert. The Investigating Officer further states that he had arrested five persons on 19-10-1977 relating to a case under Section 399/402 IPC. Two out of whom were the appellants Saukat and Ishaq. From their interrogation the complicity of the other two appellants Munshi and Waris also come to be known. Shaukat was allegedly wearing a watch, ext. 1 which he gave voluntarily to the Sub-Inspector then and there where as Ishaq took the police party to a Kotha of his house and handed over a cycle, Ext. 2, to the Investigating Officer. So far as the appellants Waris and Munshi are concerned, they had already been allegedly arrested on 17-10-1977 on suspicion.
(3.) REPORT about holding of test identification parade for the accused persons as also for the watch was forwarded by the Investigation Officer. Consequently a parade was held on 9-11-1977 which was conducted by Behari Lal PW 16. The four appellants were identified correctly by Daya Nand, PW 5 and Chatru, PW 6. Identification proceedings relating to the watch was held on 2-12-1977 which was correctly identified by PW 1, Ghamman Singh, PW 2, Ved Singh, both (brothers, and PW 3, Som Pal, son of Ved Singh. As a result of identification proceedings a charge-sheet was submitted on 16-2-1977 after due committal proceedings the trial commenced and the learned Trial Judge has recorded conviction and sentence as noted above, hence this appeal. The appellants denied their participation and also denied the recovery. They alleged their false implication on account of enmity with the police. They, however, did not produce any evidence in defence.;