Pramod Kumar Srivastava, J. - (1.) THESE appeals have been preferred against the judgment of conviction and sentence dated 29.1.2007 passed by Additional Sessions Judge, FTC, Court No. 1, Kanpur Dehat in Sessions Trial No. 502 of 2002, State v. Kamla Devi under section 302/149, 364, 201, 342 IPC, S.T. No. 502 -B of 2002, State v. Mahendra Singh and others u/ss. 302/149, 364, 201, 342 IPC, S.T. No. 502 -C/2002, State v. Kamla Devi u/ss. 302/149, 364, 201, 342 IPC and ST No. 389 of 2003, State v. Balwant, under section 302/149, 364, 201, 342 IPC all relating to crime No. 1/2002, p.s. Shivli, Kanpur Dehat and ST No. 503 of 2002, State v. Mahendra under section 25 Arms Act. Crime No. 4 of 2002, p.s. Shivli, Kanpur Dehat by which appellants Balwant, Mahendra and Kamla Devi had been convicted and punished. Since all the Sessions Trials related to same incident and same crime, therefore, their trial was carried and concluded jointly, hence above mentioned three appeals re being considered and decided jointly by a common judgment.
(2.) PROSECUTION case in brief was that complainant Smt. Ram Dulari wife of Surendra Nath, resident of Bagahi, Kanpur Nagar had given a written report (Ex. Ka -1) dated 04.01.2002 to S.P., Kanpur Dehat on the basis of which case crime No. 1/2002 under section 364, 342, 323 was registered. In this report she had alleged that her brother Rajesh was married to Shanti alias Gudia, daughter of Ganga Sagar, r/o village Ganga Sewak, Kheda, Unnao. Suresh was brother -in -law of complainant's brother Rajesh, who had some joint business with Jagat Pal and his son Ram Charan; but due to some dispute Jagat Pal and Suresh had separated their business. After sometime Jagat Pal had lodged a report in police that his daughter Kiran was abducted by Suresh, and in that case Suresh was detained in jail for long time. After release from the jail Suresh started residing with her sister and brother -in -law in Bagahi, Kanpur. Suresh had a talk with Jagat Pal with his false implication in criminal case. Jagat Pal had informed that he had married his daughter with Mahendra, of village Tehrani, Kanpur Dehat. Further talks in that regard was fixed to be held at residence of Mahendra on 31.12.2001. Complainant Ram Dulari, her Bhabhi Gudia, nephew Raj Kumar and Suresh had hired a vehicle (Gypsy) and started at 9.00 a.m. in the morning for village Tehrani, p.s. Shivli, Kanpur Dehat. They reached near village Tehrani at about 11:00 a.m., but before entering into the village Gudia's son Raj Kumar insisted for immediately going to latrine. On this Suresh told others that they may go to house of Balwant and he will come later on with Raj Kumar. Then complainant's vehicle reached at house of Balwant where some persons were sitting. Gudia informed complainant that sitting among them were father of Kiran, her brother Jagat Pal, Ram Charan and brother in law Raju. Ram Charan informed Gudia that Balwant Singh is father -in -law of Kiran and Mahendra as father of Kiran and a lady as mother -in -law of Kiran. When Jagat Pal asked about Suresh then Gudia told that Suresh will come with his nephew who were detained outside the village for latrine. Those persons asked complainant and Gudia to go inside the house. When complainant and Gudia entered in the house they were detained and locked in a room. After about two hours complainant and Gudia heard voices of Suresh and Raj Kumar, then they peeped through the window and saw that Jagat Pal, Ram Charan, Raju, Balwant and Mahendra were beating Suresh with kicks and fist, and Kiran's mother was holding Raj Kumar. After beating Suresh for sometime Jagat Pal told that these persons should be disposed off, then Balwant, Mahendra and Raju taken away Suresh from there, and Jagat Pal and Ram Charan had taken Raj Kumar. The complainant and Gudia had requested those accused persons for the release but they were not heard. Next day on 01.01.2002 at about 10 or 11 O'clock Balwant Singh had opened the door of room in which complainant and Gudia were detained, and told them that they may go to their places, and after a few days Suresh and Raj Kumar will be released after giving punishment. Then complainant called Driver and went with him directly to Kanpur and informed about the incident to her brother Rajesh, who had promised to look into the matter. Then Rajesh called Ashok from village on 02.01.2002. Rajesh, Ashok, Ganga Prasad, Ram Raj, Mool Chand, Kamlesh Rajput went to police station Shivali but police had not lodged report and asked to bring complainant because she had seen the incident. Complainant was not well so she could not come on 03.01.2002. Complainant went to police station on 04.01.2002 and reported the matter. She believed that Balwant Singh, Mahendra and Mahendra's wife, Jagat Pal, Ram Charan, Raju had abducted and killed Suresh and Raj Kumar. On the basis of this report of complainant/informant the FIR in case crime under section 320/149, 364, 201, 342 IPC was registered against six persons named and investigation started. During investigation on 13.01.2002 police party has arrested Mahendra, s/o Balwant and recovered unlicenced country made pistol of 315 bore and two cartridges from his custody and registered case crime No. 13/2002 u/s. 25 Arms Act on 13 -01 -2002. Accused Mahendra s/o Balwant had confessed the murder or Suresh and concealing his dead body in a place within village Kairani. He had consented for recovery of dead body and murder weapon. Thereafter Mahendra lead the police party to village Kairani, near bank of river, and pointed out a place where Suresh was murdered by imputation of head. At that place dried blood was present, so Investigation Officer has taken sample of blood soaked soil and also recovered one blood stained shoe; and after digging field on pointing out of Mahendra recovered an Axe which has no handle. Police had also recovered headless dead body of Suresh from the river Rind on 13.01.2002 which was sent for postmortem. During investigation on 30.05.2002 police had arrested Balwant who had given the I.O. one Angauchha cloth by which he had strangulated Raj Kumar on 06.07.2002. I.O. had arrested Jagat Pal and recovered Rs. 110/ - from him. After completing investigation police has submitted separate charge -sheets for offence under sections 364, 302, 201, 342, 323 IPC in same case against different accused. But in the end four sessions trials No. 502/2002, 502 -B/2002, 502 -C/2002, 389/2003 were jointly carried against five accused persons namely Balwant, Mahendra, Kamla Devi, Jagat Pal and Raju. Trial of Ram Charan was separated and trial of Jagat Pal abated due to his death during trial.
(3.) ACCUSED Mahendra, Kamla, Raju alias Raj Bahadur, Balwant were charged for offences punishable under sections 364, 302/149, 201, 342 IPC. They had pleaded not guilty, denied charges and claimed to be tried. In support of charges prosecution side had examined PW -1 Ram Dulari (Informant), PW -2 Gudia, PW -3 Ashok Kumar (brother of the deceased Suresh). PW -4 Head Moharrir Narain Awasthi, PW -5 Dr. U.C. Sinha, PW -6 Kamal Singh, PW -7 Head Moharrir Rameshwar Dayal, PW -8 S.I. Omkar Singh (I.O.) and PW -9 SI Rajul Garg (I.O.). These witnesses had proved document of prosecution side.;