- (1.) APPELLANT Balister has been convicted under Section 302 read with Section 34 I. P. C. and under Section 201, I. P. C. by the judgment and order dated 28-5-96 passed by Sri A. B. Shukla, I Addi tional Sessions Judge, Shahjahanpur in S. T. No. 316 of 1994. He has been sen tenced to undergo life imprisonment under Section 302 read with Section 34 I. P. C. and to undergo five years' rigorous imprisonment under Section 201 I. P. C. Both the sentences have been ordered to run concurrently.
(2.) THE murder of a boy aged about seven years was committed in this incident on 21-1-93 in between 10. 30 - 11. 00 a. m. near the field of Dularey situated in village Pallia, Police Station Katra, district Shah jahanpur. His dead body was recovered from that spot. He was the grand-son of the complainant Tej Pal Singh PW 1. THE prosecution case as per F. I. R. and the evidence adduced in the Court was that the complainant resided in village Nagla Madha, Police Station Katra, District Shahjahanpur. Co-accused Munendra Pal Singh was the neighbour of the complainant. Two or three days before the occurrence a quarrel had taken place in between the mother of Munendra Pal Singh and women-folk of the family of the complainant regarding some dispute of children. On that score, an altercation had taken place between the males also of the two families. Deceased Man Mohan Singh was studying in Primary School, Pallia and used to go to school daily. On 21-1- 93, he had left his house in the morning at about 10. 00 a. m. to go to the school all alone, as other children of the village had gone to school earlier to him. THE boy did not return back in the evening. THE com plainant became worried and started a frantic search for the boy. When the en quiry was made from other children of the village, they informed that Man Mohan Singh had not gone to school that day. THE complainant then became suspicious and went towards the jungle along with Ratib-han Singh and Sripal Singh in search of his grand-son Man Mohan Singh. On reach ing near Yogyashala, Om Pal Singh PW 4 told him that in the morning at about 10. 30 a. m. he had seen the boy Man Mohan Singh with Munendra Pal Singh and present accused-appellant Balister near the field of Muran. On getting this clue, the complainant with the help of other villagers made search for the boy in the Arhar field and found his dead body lying there. THE school bag of the boy was lying near by. Hearing this news, Mahendra Pal Singh PW 5 and Shiv Ram reached there and told the informant that at about 11. 00 a. m. when they were going towards Katra market they had seen Munendra Pal Singh and the present accused-appellant coming out of Arhar field. At that time both of them were allegedly frightened by look. THE recovery of the dead body of the boy was ride from Arhar field of Murari at about 5. 00 p. m. Complainant Tej Pal Singh wrote the FI. R. Ext. Ka-1 and lodged the same at Police Station at 7-00 p. m. A case was registered against Munendra Pal Singh and the present accused-appellant Balister under Section 302/2011. P. C. THE investiga tion followed which was conducted by S. I. Ram Gopal Diwakar PW 3 and completed by S. I. Chandra Pal Singh PW 6. The post-mortem of the dead body of the deceased was conducted by Dr. D. S. Mathur PW 2 on 22-1- 93 at 3. 45 p. m. The deceased was aged about seven years and was of average built. About 1-1/2 had passed since he died. The following ante-' mortem injuries were found on his person: 1. Abrasion 2. 0 cm x 1. 5 cm on the middle of lower part of chin. 2. Abraded contusion 7. 0 cm x 1. 0 cm. on the middle of neck, 3. 5 cm below injury No. 1. 3. Abraded contusion 4. 0 cm x 1. 0 cm on the front of neck 3 cm above from the supraclavicular notch. Multiple abraded contusion in an area beneath and around injury Nos. 2 and 3 size varrying from 1. 0 cm x 0. 5 cm to 0. 5 cm x 0. 2 cm. 4. In the opinion of the Doctor, the death had occurred due to asphyxia as a result of ante-mortem strangulation.
(3.) CO-accused Munendra Pal Singh absconded and only present accused-ap pellant was committed to the COurt of Sessions and he was put on trial. He pleaded not guilty. The prosecution examined in all seven witnesses out of whom, Tej Pal Singh PW 1 is the grand-father of the deceased. Ompal Singh PW 4 and Mahendrapal Singh PW 5 were examined as the wit nesses of circumstantial evidence. Rest of the witnesses related to medical evidence and to the registration/investigation of the case. The accused-appellant did not ex amine any witness in defence. The learned Additional Sessions Judge, before whom the trial was held, believed the prosecution case and evidence as against the present accused-appellant and convicted and sen tenced him as stated in the earlier part of this judgment.;