Point of Law: Prosecution has failed to prove charges levelled against accused persons under Sections 302/34, 201 IPC and Section 25 of Arms Act by any reliable, cogent and independent evidence to hilt beyond reasonable doubt.

JUDGMENT :

CHANDRA KUMAR RAI, J.

1. The instant criminal appeals have been filed against the judgment and order of conviction and sentence dated 31.8.2006 passed by the Sessions Judge, Meerut in S.T. No. 730/2002 (State vs. Pawan and Others), under Sections 302 and 201 IPC and in S.T. No. 961/2002 (State vs. Pappu @ Jitendra @ Bijendra), under Section 25 of the Arms Act, both P.S. Partapur, Meerut, convicting accused (Pawan, Kendra, Pappu @ Jitendra @ Bijendra) for offence under Section 302/201 IPC and sentencing each of them with imprisonment of life and fine of Rs. 5000/- under Section 302 IPC and rigorous imprisonment for a period of one year under Section 201 IPC. Apart from it, accused Pappu @ Jitendra @ Bijendra was also convicted and sentenced with rigorous imprisonment for a period of one year under Section 25 of the Arms Act.

2. Being aggrieved therefrom, accused Sokendra and Pappu @ Jitendra @ Bijendra preferred Criminal Appeal No. 6075 of 2006 and accused Pawan preferred Criminal Appeal No. 5482 of 2006 for setting aside their conviction and passing an order of acquittal.

3. Since common issues are involved in both the appeals, both are being disposed of by a common order. The facts stated in Criminal Appeal No. 6075/2006 shall be treated as a leading appeal.

4. The brief facts relating to the case are that Rampal Singh (father of deceased) lodged an FIR at P.S. Partapur, District Meerut on 21.3.2002 at 12.45 P.M. with the averment that at 1 PM (noon) on 19.3.2002, Pawan Son of Nauraj and Sokendra son of Suraj, came to his house and called his son Rajendra Kumar @ Raju and taken him (deceased Rajendra Kumar @ Raju) for pretext of sale/measure of sugarcane. On the same day at about 7.30 P.M. hotel owner of his village, namely, Krishnapal and his younger brother Sardar Singh were present at Mohiuddinpur Hotel belonging to Krishanpal, at the same time, my son, Pawan, Sokendra and other persons came to the hotel which were in drunken stage and they took tea at the hotel. Krishnapal told that Rejendra @ Raju should stay in hotel during night but Pawan and Sokendra said that they had come with them and they will go to the village with them, after some time, all the four persons, went along with Rajendra Kumar @ Raju from hotel. His son did not come to home on 20.3.2002 till morning then he along with villagers started search and when they reached to farm situate back side of Kisan Inter College, Mohiuddinpur in the wheat field, adjoining to road, then he found a slipper of his son, stone and blood was also seen, wheat crop was damaged. They searched the area then about 200 mtrs. from blood, they found dead-body in naked stage, wound was found towards right side of ear and blood was also found there. About 15-20 years before, there was criminal case between his family at one side and family of Nauraj and Suraj on other side to cover the panchayat well in which incident his younger brother received serious injuries, due to old enmity Sokendra along with 2 others murdered his son Rajendra @ Raju, burnt his dead-body in order to disappear the offence, the dead-body of his son Rajendra @ Raju is lying on the spot.

5. Upon lodging the FIR, investigation started and after preparing memo of recovery of ash and simple earth, kerosine oil in ash, blood-stained square stone, plastic jerry having ½ ltr. of petrol, body of deceased was sent for postmortem. During investigation, the weapon of crime, country-made pistol and two live cartridges were recovered from the possession of Pappu @ Jitendra @ Bijendra on 4.4.2002 of which memo was prepared, FIR was lodged against Pappu @ Jitendra @ Bijendra under Section 25 of the Arms Act. After obtaining the postmortem report and report of Forensic Science Laboratory, completed investigation, respective investigating officer submitted charge-sheet against accused Pawan, Sokendra and Pappu @ Jitendra @ Bijendra under Sections 302/201 IPC and against accused Pappu @ Jitendra @ Bijendra under Section 25