SANJAY SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) These three appeals are against a common judgment and order dtd. 23/1/2007 passed by the Additional Sessions Judge, Court No.3, Pilibhit in S.T. No.797 of 2003 connected with S.T. No.212 of 2004, arising out of Case Crime No.320 of 2003, P.S. Bilsanda, District Pilibhit, whereby, the appellants Sanjay Singh @ Bhooray (appellant in Criminal appeal No.1407 of 2007), Vipin Singh (appellant in Criminal appeal No.1069 of 2007), Sompal Singh (whose Criminal appeal no.1063 of 2007 was abated by order dtd. 19/1/2022) and Bare (appellant in Criminal Appeal No.1223 of 2007) were convicted under Ss. 364, 302 / 34, 201 and 420 IPC and were sentenced to imprisonment for life and fine of Rs.2500.00 coupled with default sentence of additional six months each under Sec. 364 IPC and Sec. 302/34 IPC; three years R.I. and fine of Rs.2,500.00 coupled with a default sentence of additional six months under sec. 201 IPC; and three years R.I. and fine of Rs.2500.00 under Sec. 420 IPC coupled with a default sentence of additional six months. All sentences to run concurrently. It be clarified that in S.T. No.797 of 2003, three accused, namely, Sanjay Singh @ Bhooray (appellant in Criminal Appeal No.1407 of 2007); Vipin Singh (appellant in Criminal Appeal No.1069 of 2007); and Sompal Singh (appellant in Criminal Appeal No.1063 of 2007), were tried; whereas, in S.T. No.212 of 2004, Bare (appellant in Criminal Appeal No.1063 of 2007) was tried. Criminal Appeal No.1063 of 2007 separately filed by Sompal Singh was abated vide order dtd. 19/1/2022 consequent to his death.

(2.) The prosecution story elicited from the written report (Ex. Ka-1) is that on 1/4/2003 Sanjay Singh @ Bhooray, a resident of Village Majhgawa, P.S Bilsanda, District Pilibhit, came to informant's (PW-4's) house at village Jamuniya Jagatpur, P.S. Pooranpur, District Pilibhit and invited informant's son Parminder (the deceased) to Majhgawa. In response to that invite, on 3/4/2003 the deceased went on a cycle to Pooranpur, parked his cycle at the shop of Arvind (PW-1) and told PW-1 that he is going to the house of Bhooray at Majhgawa and would return by evening. But the deceased did not return. On 5/4/2003, at about 1.30 pm, PW-4 (the informant) received a call demanding Rs.2,00,000.00 for release of his son. The voice on the phone appeared to be of Bhooray. After receiving the call, on 5/4/2003 itself, PW-4 with Kashmir Singh (not examined), Sukhvinder Singh (PW-3), Sukhveer Singh (not examined) and Ravi Azad (PW-2) went to Bhooray's house at Majhgawa. There, Bhooray and other villagers admitted that Parminder Singh (the deceased) had come to Majhgawa and on 4/4/2003 he had lunch with Sanjay, Bare, Vipin and Som Pal at Som Pal's house at Rautapur. But Bhooray did not disclose as to where PW-4's son go after having lunch. As a result, information was given to the police of P.S. Bilsanda regarding abduction of informant's son. Upon this information, the police of P.S. Bilsanda neither registered a report nor arrested Bhooray but enquired from Sanjay @ Bhooray. Thereafter, on 16/4/2003, and two days thereafter, Bhooray called (phoned) the informant to bring Rs.50,000.00 at Madnapur Chauraha, Jalalabad, at 2 pm, to secure release of his son. On this call, PW-4 and PW-3 along with Kashmir Singh (not examined) and Harjinder Singh (not examined) took the money to the specified place and gave it to Sanjay @ Bhooray. There, with Sanjay there was an unknown person. After receiving the money and extending the promise that informant's son would be released in 20 minutes, Bhooray went away with the money. Informant waited there till evening, but his son was not released. By making these allegations and by adding that Sanjay Singh's cousin Manju Singh (a widow) had close relations with informant's son (the deceased), which was not palatable to Sanjay Singh @ Bhooray and his family members, the written report was got lodged by expressing suspicion that Sanjay Singh @ Bhooray with the help of his associates has abducted informant's son with a view to kill him and in that process, they cheated the informant of Rs.50,000.00. The written report (Ex. Ka-1) was submitted to the Superintendent of Police, Pilibhit, which, on his direction, was registered as an FIR at P.S. Bilsanda, District Pilibhit on 4/5/2003 at 7.30 hours (i.e. Case Crime No.320 of 2003, under Sec. 364 IPC).

(3.) After registration of the FIR, on 6/5/2003, at about 12.05 hours, according to the prosecution, Sanjay Singh @ Bhooray was arrested of which entry was made in the G.D., vide Report No.25 at 12.35 hours. Thereafter, a disclosure statement of Sanjay @ Bhooray was allegedly recorded of which there is a G.D. entry, vide Report No.27 at 12.50 hours, at P.S. Bilsanda (Ex. Ka-12). On the basis of this disclosure, the police team accompanying Sanjay Singh @ Bhooray went to the spot and at about 3 pm, on 6/5/2003 itself, recovered the body of the deceased from the bottom of a canal (Nahar) and prepared a composite recovery as well as confession memo (Ex. Ka-13) including a site plan (Ex. Ka-14). The recovery/confession memo (Ex. Ka-13) was witnessed by Sukhdev Singh (not examined) and Arvind Singh (not examined) and thumb marked by Sanjay Singh @ Bhoorey. The fard/ memo of recovery (Ex. Ka-13) reflects that at the time of the recovery, the informant had arrived at the spot and had identified the body. At the time of the recovery, the body was in a decomposed state and except an underwear there were no clothes on it.