- (1.) Heard Sri Sunil Kumar, Sri Samit Gopal as well as Sri Amit Saxena, learned counsels for the appellants and Sri J. K. Upadhyay, learned A. G. A. for the State.
(2.) These two criminal appeals arise out of the judgement and order dated 4.3.2010 passed by the Additional Sessions Judge / F. T. C. No. 2, Rampur in S. T. No. 122 of 2008; State Versus Parmeshwar Deen Ratnakar and four others, by which the appellants were convicted under Sections-147, 342, 323/149, 304/149 and 201 IPC and sentenced to one year R. I. and a fine of Rs. 1000/- under Section-147 IPC and in default of payment of fine, further R. I. of fifteen days, six months' R. I. under Section-342 IPC and fine of Rs. 500/- and in default of payment of fine one week's further R. I., six months' R. I. under Sections-323/149 IPC and fine of Rs. 500/- and in default of payment of fine further imprisonment of one week, under Section-201 IPC, two years' R. I. and fine of Rs. 2000/- and in default of payment of fine, further imprisonment of one month and under Sections-304/149 IPC R. I. of seven years and fine of Rs. 10000/- and in default of payment of fine, further imprisonment of six months. All the sentences were directed to run concurrently.
(3.) Brief facts of the case are that on the basis of a written report (Ext. Ka 1) lodged by one Mukesh Kumar, P. W. 1, S/o of Shiv Charan Lal, R/o village-Kheraat at about 11.00 P. M. on 27.6.2003 at P. S.-Shahbad, District-Rampur, first information report (Ext. Ka 10) was registered as Case Crime No. 318 of 2003, under Sections-147, 148, 342, 323/149, 504, 304/149 and 201 IPC at P. S.-Shahbad, district-Rampur against five persons namely, Shashi Bhushan, Incharge Police chauki, Dhakeru under police station-Shahganj, Constable Raj Pal Singh, Constable Om Pal Singh, Constable Dinkar Singh and Constable Kehri Singh. The prosecution case as spelt out in the first information report by the first informant Mukesh Kumar was that his real brother, Kailash alias Pappu had left his house in village Khera, district-Rampur on foot along with his sister Kamla at about 10.00 A. M. on 27.6.2003 and was proceeding to Kerakat. After they had walked some distance Shashibhushan, Incharge Police Outpost-Dhekiya accompanied with S. I. P. D. Ratnakar, Constables Om Pal Singh, Rampal Singh and Digambar Singh and Kehri Singh intercepted informant's brother Kailash and forcibly took him to police outpost-Dhekiya. The sister of first informant immediately returned back to her house and informed her family members about the illegal detention of her brother Kailash alias Pappu within the premises of police outpost-Dhekiya. Thereafter the first informant went to house of his elder sister Shanti in village Gahmar and reached police outpost Dekhiya with her. On reaching the police outpost he saw that the accused had hung their brother upside down from a tree in a naked state and were beating him mercilessly. When the informant implored the accused-appellants to set his brother free, S. I. P. D. Ratnakar hurled abuses at him and ordered him to get out. It was further stated in the first information report that after the brother of the informant had died within the precincts of police outpost Dhekiya on account of the injuries sustained by him, as a result of being severely beaten by the accused, they had taken him in a police jeep attached with police station-Shahbad to some un-known destination. The informant and his family members had raised hue and cry at the police station and demanded that the dead body of the deceased be handed over to them. At about 6.00 P. M. they were informed that the accused had absconded after leaving the dead body of Kailash alias Pappu in the District Hospital Rampur. In the first information it was also alleged that the entire incident involving the beating of the informant's brother by the accused was witnessed by Tripurari Diwakar, Incharge, P. S.-Shahbad who had remained at the place of incident throughout and was fully involved in the commission of the crime. The inquest was conducted by Sri S. N. Yadav, S. D. M., Rampur, P. W. 8, in the mortuary of District Hospital Rampur who noted four injuries on the dead body of the deceased. He prepared the inquest report (Ext. Ka 4) and other relevant papers Ext. ka 5 to 8 at that time. The post mortem on the dead body of the deceased was conducted by Dr. Gyan Chand, P. W. 7 on 28.6.2003 at about 4.30 P. M. The post mortem report of the deceased (Ext. Ka 4) shows fifteen injuries. The cause of the death however could not be ascertained. Viscera of the deceased was preserved and sent for forensic examination. According to the viscera report (Ext. Ka 22) alcohol poison was found present in the examination of the organs of the deceased. Investigation was conducted by C. O. Milak, Rampur, Om Veer Singh, Swarnjeet Kaur, Inspector C. B. C. I. D. and Vijai Kumar, Inspector C. B. C. I. D. It is further relevant to note here that the informant Mukesh after lodging the written report dated 27.6.2003 (Ext. Ka 1) at P. S.-Shahbad had moved an application (Ext. Ka 2) before the S. P., C. B. C. I. D., Barelly on 16.8.2003 which was signed by the informant, his sisters Kamla and Shanti and his father Shiv Charan Lal, along with his affidavit (Ext. Ka 3) in which the allegations made by him against the accused in his written report dated 26.6.2003 (Ext. Ka 10) were conspicuous by their absence. The informant in the application dated 16.8.2003 (Ext. Ka 3) and his affidavit filed by him before the S. P., C. B. C. I. D., Bareilly had categorically alleged that on 27.6.2003 some unknown persons who had come on motorcycles had kidnapped the deceased Kailash alias Pappu while he was going with his sister Kamla. Later Kailash alias Pappu was seen in police outpost Dhekiya where his condition had deteriorated and as a result he was sent for medical treatment to District Hospital Rampur where he died. After completion of investigation, the I. O. Vijay Kumar Inspector, C. B. C. I. D. submitted chargesheet (Ext. Ka 17) against the accused-appellants P. D. Ratnakar. Shashibhushan, Raj Pal Singh, Om Pal Singh, Dinkar Singh and Kehri Singh under Sections-147, 148, 304, 201, 323, 504 and 342 IPC. Thereafter the case was committed to the Court of Sessions by the C. J. M., Rampur and registered as S. T. No. 122 of 2008 before the Additional Sessions Judge / Fast Track Court No. 2, Rampur. On 18.7.2008 charge was framed against all the accused under Sections-147, 148, 342, 323 read with Sections-149, 504, 304 read with Sections-149 and 201 IPC. All the accused pleaded not guilty and claimed trial.;