U. S. Tripathi, J. - (1.) -The above two appeals have been preferred against the judgment and order dated 26.5.1981 passed by IVth Additional Sessions Judge, Saharanpur in Sessions Trial No. 468 of 1980 convicting the appellant Ramesh under Sections 302 and 201, I.P.C. and sentencing him to undergo imprisonment for life under Section 302, I.P.C. and R.I. for a period of three years under Section 201, I.P.C. and convicting appellants Salek Chand, Pooran and Naresh under Section 201, I.P.C. and sentencing each of them to undergo R.I. for a period of three years.
(2.) THE prosecution story, briefly stated ; was as under : "Appellants Ramesh, Salek Chand, Pooran and Naresh are real brothers and sons of Shambhu Chauhan. THEy were residents of village Missarpur, P.S. Jawalpur, district Saharanpur. Ram Kumar (12) deceased younger brother of Dharam Singh (P.W. 1) was employed with Ami Chand (P.W. 5) to graze his she-buffalos. Attar Pal (10) the other deceased, was son of Paltu. On 9.7.1980 Ram Kumar deceased was grazing two she buffalos of Ami Chand (P.W. 5) in the jungle of village Missarpur near 'Chari' field of appellant Ramesh. Attar Pal was cutting grass near the said field. The she-buffalos entered into the Chari field of appellant Ramesh and damaged a portion of the crops by grazing it. Appellant Ramesh came there and when he saw his Chari crops being grazed and damaged by she-buffalos, he caught hold Ram Kumar and Attar Pal deceased at about 12 noon and started beating them. Taking them and the she-buffalos he proceeded to his house. Jay Pal (P.W. 2) and Kastram (P.W. 8) saw appellant Ramesh on the chak road taking the above two boys Ram Kumar and Attar Pal beating along with the she-buffalos. They asked appellant Ramesh as to why he was beating the boys and requested them to leave them. But Ramesh told that they had got his "Chari" crop grazed from buffalos and he would not leave them. Saying it, he took the deceased and she-buffalos to his house. Jay Pal (P.W. 2) and Kastram (P.W. 8) informed about the incident to Dharam Singh (P.W. 1) at his house at about 4-5 p.m. On getting above information. Dharam Singh (P.W. 1) along with Paltu went to the house of Ami Chand (P.W. 5) and taking him came to the house of appellant Ramesh. The appellant Ramesh met them at his house and the two buffalos of Ami Chand (P.W. 5) were tied in front of his house. Ram Kumar and Attar Pal deceased were not seen there. Dharam Singh (P.W. 1) enquired from Ramesh as to why he had detained buffalos. Then, he told that his brother had got his "Chari" crops damaged. Ramesh agreed to leave the buffalos after taking Rs. 20 as damages and when Dharam Singh enquired about Ram Kumar and Attar Pal deceased, he told that they would reach to their houses. Dharam Singh then came to his house. At about 9-10 p.m. he along with Paltu and Ami Chand again went to the house of appellant Ramesh to take the deceased, but doors of his house were closed. He and other villagers including Amar Singh (P.W. 4) were searching the boys in the night. At about 4 a.m., when Dharam Singh (P.W. 1) and Amar Singh (P.W. 4) along with Paltu, Mahender and Salekh reached on Laksar Road, the appellants Ramesh, Salek Chand, Pooran and Naresh were seen in the rasta taking the dead bodies of the two boys Ram Kumar and Attar Pal. Observing the appellants Dharam Singh and others raised alarm and hearing their alarm, the appellants threw the dead bodies of the two boys in the pond and leaving the clothes of the boys on the bank of pond ran away. They were chased by the above witnesses, but could not be apprehended. Dharam Singh (P.W. 1) and others removed dead bodies of the two boys from the pond (johar) and kept it on the bank of it. Several other persons also assembled on the spot. Dharam Singh (P.W. 1) got report (Ext. Ka-1) written from Harish Chand and came to police station Jawalpur, where he lodged report at 7.40 a.m. on 10.7.1980. On the basis of written report Ext. Ka-1, Sri Narain Singh (P.W. 6) constable clerk prepared chik F.I.R. (Ext. Ka-5) made an endorsement of the same at G.D. report (Ext. Ka-6) and registered a case against the appellants under Sections 302 and 201, I.P.C.
(3.) INVESTIGATION of the case was taken by Sri Ram Sarup Yadav (P.W. 7). The I.O. along with police force reached village Missarpur at 8.30 a.m. He saw the dead bodies of two boys Ram Kumar and Attar Pal on the spot. He conducted inquest of the dead bodies, prepared inquest report, sealed the bodies and sent it for post-mortem. The I.O. also took into possession the clothes of the two deceased and sealed it. He inspected the place of occurrence the place where buffalos were grazing and the place of recovery of dead bodies and prepared site plan. He interrogated Dharam Singh (P.W. 1) and Kastram (P.W. 8). The I.O. searched the appellants, but they were not available. On 12.7.1980 he apprehended appellant Salek Chand. On 13.7.1980 the I.O. interrogated Jay Pal (P.W. 2), Amar Singh (P.W. 4) and Ami Chand (P.W. 5) and inspected house of appellants and prepared site plan. The autopsy on the dead bodies of the deceased was conducted on 11.7.1980 by Dr. Yashpal (P.W. 3), who found contusions as ante-mortem injuries on the person of deceased and cause of death as shock and haemorrhage. The I.O. completed remaining investigation and submitted charge sheet against the appellants.;