Point of Law
Where case is based on direct evidence it is not incumbent for the prosecution to allege or prove motive.

JUDGMENT :

Pradeep Kumar Srivastava, J.

1. This criminal appeal has been filed against the judgment dated 03.1.1986 in Sessions Trial No. 66 of 1984, State Vs. Pahalwan & others, passed by 1st Additional Sessions Judge, Jhansi by which the appellants Pahalwan Singh, Nathu Singh, Brij Kishore alias Pappu and Har Narain have been convicted and sentenced under Section 302/34 IPC for life imprisonment.

2. During pendency of appeal, appellant no. 3 Brij Kishore alias Pappu and appellant no. 4-Har Narain died and vide order dated 25.1.2018 of this Court, their appeal has been abated.

3. The appellant no. 2 Nathu Singh despite every process being issued did not appear nor he was arrested nor there was any trace of his sureties and hence vide order dated 04.7.2019 of this Court, Sri Rahul Mishra, Advocate has been appointed as Amicus Curiae to argue on behalf of appellant no. 2 Nathu Singh. Again by order dated 19.8.2019, Sri Harish Chandra Tiwari has been appointed as Amicus Curiae in place of Sri Rahul Mishra.

4. Brief facts of the case are that an FIR was lodge by Lakhan Lal Yadav at PS Prem Nagar on 03.2.1984 at 6.50 AM alleging that he resides in House No. 299, Nainagarh. On 03.2.1984 at about 5.30 AM his father Amrat Lal had gone to the latrine to ease himself, the informant was feeding his buffalo and thereafter, he also went to latrine to ease himself where he saw in the light of his torch that accused Pahalwan armed with a Sabbal (an iron rod used for digging), Har Narain, Brij Kishore and Nathu Singh armed with lathi in their hands were beating his father. The informant shouted for help whereupon, his younger brother Ram Sewak and several other persons reached there. Seeing them, the accused persons ran away from the place. All the accused persons were identified by the witnesses in the light of torch. They found that Amrat Lal was already died. The deceased Amrat Lal and accused Ram Charan are real brothers and accused Pahalwan is son-in-law of accused Ram Charan. Accused Pahalwan was dismissed from his railway service and he believed that on the complaint of Amrat Lal, the action was taken against him and because of that he was having enmity with Amrat Lal. Accused Ram Charan had hatched a conspiracy for his murder and after conspiracy in order to create defence of alibi, he got admitted himself in a hospital. The informant had seen the accused Ram Charan on 02.2.1984 at about 5.00 PM and he suspected that Ram Charan had conspired in murder of Amrat Lal. The accused persons are relatives and close associates of each other and they committed murder of Amrat Lal.

5. On the basis of this report, the offence was registered by the police. The inquest report was prepared and the postmortem of dead body was conducted. The accused persons were arrested and blood stained Tahmad of accused Brij Kishore alias Pappu was recovered from his possession at his instance, whereas when accused Pahalwan was arrested, he was wearing blood stained Bushirt and Pant. On his instance, the blood stained Sabbal was also recovered. All these articles were taken into possession by the police and were sent for chemical examination. The statements of witnesses were recorded by the Investigating Officer and after completion of investigation, charge sheet was submitted against accused Ram Charan, Brij Kishore alias Pappu, Pahalwan, Har Narain, Nathu and Veer Singh for the offence under section 302/120-B IPC.

6. The charges were framed against accused Pahalwan, Brij Kishore alias Pappu, Har Narain and Nathu for the offence under section 302 read with section 34 IPC and against accused Ram Charan and Veer Singh for the offence under section 120-B read with section 302 IPC. The accused persons denied the charges and claimed trial.

7. The prosecution examined PW-1 Lakhan Lal (informant) has proved written report as Ext. Ka-1 and as eye witness he gave statement with regard to the commission of offence. He has also proved the letter of Amrat Lal sent to S.P. Jhansi Ex