A.F.R.

RESERVED

Court No. - 48

Case :- CRIMINAL APPEAL No. - 1751 of 2015

Appellant :- Baddan Singh

Respondent :- State of U.P.

Counsel for Appellant :- Kameshwar Singh,Mary Puncha (Sheeb

Jose),Mohd. Kalim

Counsel for Respondent :- Govt.Advocate

Hon'ble Suneet Kumar,J.

Hon'ble Vikram D. Chauhan,J.

Suneet Kumar,J.

1.

Heard Ms. Mary Puncha (Sheeb Jose), learned counsel assisted by

Mohd. Kalim, learned counsel for the appellant, Shri Om Prakash Mishra,

learned Additional Government Advocate and perused the lower court

record with the assistance of the learned counsel for the parties.

2.

The instant appeal has been filed against the judgment and order

dated 21.04.2015 and conviction order dated 24.04.2015, passed by the

learned Sessions Judge, Banda in Session Trial No. 84 of 2011, whereby,

appellant has been convicted under Section 302 IPC and sentenced to life

imprisonment with a fine of Rs. 10,000/-. In case of the default of

payment, the appellant will have to undergo further 2 years simple

imprisonment; appellant has been further convicted under Section 201 IPC

and sentenced to 3 years rigorous imprisonment with a fine of Rs. 3000/-.

In case of the default of payment, the appellant will have to undergo

further 1 month simple imprisonment.

3.

As per the prosecution version, around 12.00 noon on 15.06.2011,

appellant came to the house of complainant, Shatrughan Singh (PW-2),

and took his son Hiran Singh (deceased), to the house of his sister on a

motorcycle. On 17.06.2011, at about 6.00 morning, appellant went to the

house of the complainant with his bahnoi (brother-in-law). Complainant

asked about his son Hiran, he stated that he does not know where has he

gone. He suspected that appellant had abducted his son. On 16.06.2011,

Braj Mohan Singh, Gram Pradhan, Mau, Police Station Marka (Banda),

(PW-1), saw a beheaded corpse in the field of Ram Pratap Kushwaha,

thereafter, he gave a written information to the police station. On the

information, Thana Incharge reached the spot, collected blood-stained

earth and plain-earth, thereafter, sealed and stamped it. One amulet

(tabeez) and black thread was found near the dead body. The police

official prepared the recovery memo in presence of the witnesses. The

inquest report of the unknown beheaded corpse was prepared and sent for

postmortem. Again on 18.06.2011, Braj Mohan Singh, (PW-1), was

informed of a human head lying in the field of Buchh Raj Yadav, he gave

a written information to the police station. Thana Incharge reached the

spot, prepared the inquest report of the human head and sent it for

postmortem. At the time of preparing the inquest report, on the basis of

the structure of teeth, underwear and amulet recovered near the beheaded

corpse, complainant, father of the deceased, identified the dead body that

it was of his son Hiran. During investigation, name of co-accused, Karan

Singh, surfaced.

4.

After arrest, appellant confessed commission of the crime and on

his pointing out, assault weapon (gandasa) for cutting grass was recovered

from his house. The appellant and co-accused Karan Singh together slit

the throat of the deceased and murdered him. The recovery memo of the

assault weapon was prepared. Co-accused Karan Singh and appellant in

their confession/disclosure statement stated that while hunting pigeons,

deceased Hiran Singh fell down in the well. On being pulled out, he was

slightly breathing and the bone of his thigh had fractured. On

apprehension of being caught for the death of Hiran, appellant in

collaboration with co-accused Karan Singh slit the throat of deceased with

a gandasa (battle-axe). He wrapped the head of the deceased in the shirt

of the deceased and threw it at some place and the torso of the deceased

was disposed of at a separate place so that evidence could be destroyed.

On the basis of oral evidence and the evidences on record, the

Investigating Officer filed the charg