G.S.N.Tripathi,P.K.Jain - (1.) ALL these appeals arise out of the judgment and order dated 13.1.1982 passed by the IVth Additional Sessions Judge, Mainpuri in S. T. No. 342 of 1981, State v. Rajesh alias Pappu and others. ALL the aforesaid appellants have been held guilty on a charge under Section 302, read with Section 149, I.P.C. and they were sentenced to undergo life imprisonment.
(2.) ALL the four accused aforesaid also stood charged under Section 148, I.P.C. to 1-1/2 years R.I. Both the sentences were ordered to run concurrently. As per report dated 21.5.1997 sent by the C.J.M., Mainpuri, the accused AH Hasan is dead. Therefore, his appeal abates. The prosecution case as contained in the F.I.R., Exhibit Ka 1 lodged by Sri Om Prakash, P.W. 1 at the P.S. Kotwali, Mainpuri on 3.3.1981 at about 4.35 p.m., in which the time of occurrence is said to be about 3 p.m. on 3.3.1981.
(3.) SRI Om Prakash Saxena, P.W. 1 in the F.I.R has alleged that on 3.3.1981 Nam Koran Sanskar (Name giving Ceremony) of his nephew was slated. Several relations of the complainant, including his Bhanja (sister's son) Deependra alias Lalu, son of SRI Devendra Sahai Saxena (deceased) had arrived there. On that very date. i.e., 3.3.1981 at about 10 a.m., the accused Rajesh alias Pappu took away Deependra on the pretext that he will be returning shortly. At that time, the complainant and the mother of the deceased Smt. Vimla Devi and other family members asked him not to go. But Rajesh said that they would be returning from Kapurpur shortly, which is about 2-3 kms. towards the west of village Deomai, where the complainant resides. But upto about 1 p.m., Deependra or the accused did not return. The complainant along with Gopal Chand Saxena, Suresh. P.W. 2 and others started for the search of Deependra. At about 2 p.m., near the rejected Bhatta of Ashrfi Mai, Ramesh Singh son of SRI Samant Singh (not produced) saw the complainant and other companions and stopped them and stated that about 4-5 boys had taken Deependra towards the Bhatta after assaulting him. Thus, the entire party led by the complainant, reached near the Bhatta. There, they saw the accused Rajesh Singh alias Pappu, Saleem alias Pappu, All Hasan, Shyambir Yadav and one more (Ahmad Sayeed) assaulting the victim Deependra with their knives. The accused were challenged. Thereafter they escaped. Ahmad Sayeed was overpowered and arrested on the spot. He was also brought to the police station along with the F.I.R. On the basis of this written F.I.R., a case was registered in the G. D. and investigation started by Sri Chandra Pal Singh, P.W. 7. He interrogated Om Prakash. P.W. 1 and Suresh Chandra. P.W. 2 under Section 161. Cr. P.C.. and thereafter, went to the spot. After inspecting it, he prepared the site-plan, Exhibit Ka 12.;