Shiv Shanker, J. - (1.) THIS criminal appeal has been preferred against the judgment and order dated 17.9.2008 by Shri Shashank Shekhar, Additional Sessions Judge Court No. 1, Aligarh in Sessions Trial No. 1630 of 1999 (State of U.P. v. Kiran Pal and two others) in Crime No. 170 of 1996, P.S. Delhigate, District Aligarh convicting and sentencing the appellants Kiran Pal, Sombeer and Chandi under Sections 302,120- B of I.P.C. for death/capital punishment.
(2.) IN nutshell, prosecution story is that Banwari Lal Pradhan, son of Udai Singh, resident of village Neevari, P.S. Delhigate, district Aligarh submitted a written report vide Ext. Ka-1 on 7.6.1996 in the concerned police station by stating that he was going to purchase oil from village Natha and when passed from Javan by-pass, he saw three dead bodies lying in the field of Hari Babu Sharma near a brook (Nala) towards village Bheempur. They were having injuries on their bodies and there was crowd there. Thereafter, he submitted the written report and on that basis, the case was registered under Section 302, I.P.C. and investigation of this case was entrusted to Sub-INspector Sri R.K.S. Rathore. Thereafter, dead bodies of deceased persons were taken in his possession by the Investigating Officer. Driving licence of Cham Singh, son of Kallu Singh and visiting card of Yaseen Ahmad (President), Tehsil Sambhal Bahujan Samaj Party Moradabad were taken into his possession and prepared its Fard vide Ext. Ka-2 and one piece of rope (Rassi), one pair of shoes, one pair of Havai Chappaland blood stained clothes were taken into custody and after sealing them in separate bundles, prepared its Fard vide Ext. Ka-2, Ka-3, Ka-4 and Ka-5 respectively. After inspecting the place of occurrence, the Investigating Officer prepared site plan vide Ext. Ka-12. After sealing dead bodies of deceased persons, inquest report of all the three deceased as unknown persons were prepared and sent the same for post-mortem alongwith other papers. After conducting the post-mortem of all the three dead bodies of the deceased persons, the same were handed over for their cremation. On 13.6.1996, Vinod Kumar, son of Ram Singh, resident of Kakrauli, P.S. Kakrauli District Muzaffarnagar submitted an application to the Station House Officer Delhigate by stating that Ved Prakash, son of Ram Singh was his brother and he was working upon Tanker of Subhash Jain bearing its No. U.P. 12A-3187. Subhash Jain had not paid his salary of three months for Rs. 18,000/-. Therefore, some altercation took place between them and ultimately his brother had left service from there and he was working at another place. On 4th June, 1996, in the night, Subhash Jain took his brother with him by saying that his accounts will be cleared. On 5th June, 1996, he was sent by him to Mathura upon his Tanker by stating that his payment will be made after his return. Three other persons were also sent with him alongwith other Tankers, upon which Kiranpal, Sombeer drivers and Chandi and Tejpal helpers who used to drive vehicles. When Tankers reached near district Aligarh, Kiranpal accused got his brother drunk liquor and after intoxication, helper Tejpal was driving the Tanker and one unknown person also had sat in the Tanker from Iglas. Accused Kiranpal, Sombeer, Chandi and one another person had got Tanker of brother of Ved Prakash stopped by stating that his accounts would be cleared as he had left service of Lala for apprehending his business of illegal oil. Thereafter, Kiranpal, Sombeer, Chandi and one unknown persons committed murder of Ved Prakash, Tejpal and one unknown person who had sat down in the Tankers from Iglas. Subhash Jain who is owner of above tankers, had full hands (participation) in these murders. After committing murders, tanker of Ved Prakash was left by accused Kiranpal in the jungle of Gabhana and informed the owner Subhash through the telephone that drivers Ved Prakash and Tejpal had gone anywhere after leaving their tankers. Therefore, it was suspected that Ved Prakash and Tejpal have been murdered by accused persons namely Kiranpal, Sombeer, Chandi and one another person at the conspiracy of Suhash Jain.
(3.) DURING the course of investigation, the statements of witnesses were recorded by the Investigating Officer. After completion of investigation, charge-sheet was submitted in the concerned Court against all the accused persons. After commitment of the case, all the above three accused persons were charged by the concerned Sessions Judge for the offence under Section 302 I.P.C. read with Section 34, I.P.C. and Section 120-B, I.P.C. who pleaded not guilty and claimed to be tried. All the above three accused persons have stated in their statements recorded under Section 313, Cr.P.C. that charge-sheet has been filed against them on the basis of false and fabricated evidence. The prosecution has examined P.W. 1 Banwari Lal, P.W. 2 Pramod Kumar, P.W. 3 Dharambeer Singh, P.W. 4 Vinod, P.W. 5 Dr. Ashok Kumar Jain, P.W. 6 S.I. Kaptan Singh and P.W. 7 S.I. Rajkumar in support of the case.;