K. S. Rakhra, J. - (1.) -Appellants Nanku Singh (1), Nankai Singh (2), Asha Singh (3), Arun Singh (4), Iqbal Singh (5), Triloki Singh (6), Chheddu Singh (7) and Mister Singh (8) have preferred this appeal under Section 374, Cr. P.C., against the judgment and order dated 12.11.1982 passed in Sessions Trial No. 540 of 1981 and appellant No. 9 has preferred this appeal against the aforesaid judgment and order passed in Sessions Trial No. 1991 of 1982 convicting each of them under Section 364, I.P.C. and sentencing them to life imprisonment and further under Section 450, I.P.C. to undergo rigorous imprisonment for five years and a fine of Rs. 1,000. Appellants Nos. 3 and 4 have further been sentenced to one year rigorous imprisonment under Section 147, I.P.C. and remaining appellants have been sentenced to two years rigorous imprisonment under Section 148, I.P.C. The cases have arisen out of Crime No. 98 of 1981 under Section 302/201, I.P.C. Police Station, Husainganj, District Fatehpur.
(2.) THE place of occurrence is village Narauli Bujurg which is about 8 km. away from the above police station. According to prosecution on 14.6.1981 at about 9 or 10 a.m. appellants Nos. 1, 5 and 9 armed with guns, appellants Nos. 3 and 4 armed with lathis and all remaining appellants armed with country made pistols, went to the house of the first informant Putan Prasad (P.W. 1) and dragged out his brother Munnu Dubey whom they wanted to kill. He was assaulted by these persons and thereafter he was forcibly taken away towards river Ganga which was flowing at a short distance from the house of the informant. THEre again the victim was assaulted and dropped in river Ganga and his body has never been traced out. The first information report of this crime was lodged by Putan s/o Ganga Prasad on 15.6.1981 at 17.30 hours and the reason for delay was explained in the first information report itself by stating that the informant could not approach the police earlier on account of fear of the accused persons. The occurrence is said to have been witnessed by Bhola Singh P.W. 2, Kalawati P.W. 3, and other persons of the village, i.e., Kaushal Kishore, Sant Bux and Ram Lakhan etc. The first information report also stated the motive for commission of the crime. It was stated in the first information report that one Chiya Devi who was sister of appellant No. 2, Nankai Singh and was married in village Gunare with younger brother of appellant No. 6, Triloki Singh had developed illicit relations with Munna Dubey. Sometime before the incident, on 'Nagpanchami' day, this Chiya Devi disappeared from her matrimonial home. Her father Mata Din and brothers who were resident of village Narauli Bujurg suspected that Munna Dubey had his hand in disappearance of Chiya Devi. It is because of this reason that the appellants had come together to the house of the Munna Dubey and had committed aforesaid offence. The victim at that time was in a room which was towards north east corner of the house and an adjoining shop. Out of the accused, appellant Nos. 1, 2, 3, 4 and 5 are resident of village Narauli Bujurg. Appellant No. 9 is also original resident of Narauli Bujurg but was said to be residing in village Karman police station Tharyaon. Similarly the appellant No. 8 is the resident of village Fadilabad but was residing at Narauli Bujurg. Appellants No. 2 and 3 Nankai and Asha Singh are real brothers being sons of Mata Din, appellant No. 4 Arun Singh is son of their cousin brother Ram Nihor. Appellant No. 7 Chheddu Singh is real brother-in-law and husband of their sister Madhu. Appellant No. 1 Nanku Singh is resident of village Narauli and the appellant No. 8 Mister Singh is son of his "sala". Appellant Nos. 5 and 9 Iqbal Singh and Baggi Singh are said to be the khandani of Mata Din and Nankai Singh. Thus, all the appellants are related or connected in one manner or the other.
(3.) ON the report being lodged by Putan Prasad real brother of the victim, Case Crime No. 98 of 1981 was registered at Police Station, Husainganj by Sri Ansar Ahmad P.W. 4. A special report of the incident was sent from the police station on the same day at 18.30 hours through constable Hausala Prasad. The investigation of the crime was taken up by S.I. Raghuvir Singh P.W. 5 S.H.O. of the Police Station. He recorded the statement of the informant at the police station itself and proceeded to the place of occurrence. A search was made to trace out the body of Munnu but it could not be found. Next day morning he recorded the statement of Kalawati P.W. 3 and other witnesses including Bhola Singh P.W. 2, made a spot inspection and prepared the site plan (Ext. Ka-5), made a search in the house of the accused persons but could not find them there. Again attempt was made to detect body in the river Ganga but it could not be traced out. He deputed same police personnel to recover the body and also to trace out the accused persons. ON the second day, i.e., 17.6.1986 again attempt was made to search out the body of Munna Dubey in the river but it could not be found. Two constables were left on the spot by him for the purpose of recovering the body from the river and he himself returned to the police station. The accused persons thereafter surrendered in the Court on 22.6.1981 and 29.6.1981. After conclusion of the investigation first charge-sheet was filed against eight accused persons, i.e., appellant Nos. 1 to 8. The appellant No. 9 Baggi Singh was challaned subsequently on 28.12.1981. In order to bring home the charge against the appellants three witnesses of fact were examined by the prosecution. They are Putan P.W. 1, brother of the victim Bhola Singh, P.W. 2, and Smt. Kalawati P.W. 3 mother of the victim.;