BADSHAH Vs. STATE OF U P
LAWS(ALL)-2004-7-112
HIGH COURT OF ALLAHABAD
Decided on July 05,2004

BADSHAH Appellant
VERSUS
STATE OF U P Respondents

JUDGEMENT

UMESHWAR PANDEY, J. - (1.)A First Information Report for the offence of abduction in order to commit murder of the kidnappe - Suraj Pal son of Jagan Lal was lodged by his brother Pahalwan Singh (PW1) in the afternoon of 24 -5 -1980 at 5.15 p.m. at Police Station Kuraoli, District Mainpuri. This F.I.R. named ail the 8 accused persons i.e. (1) Badshah s/o Lakhan Singh, (2) Suraj Pal s/o Lakhan Singh, (3) Muiaim Singh s/o Kunji Lal, (4) Raksh Pal s/o Kunji Lal, (5) Rameshwar s/o Hanshraj, (6) Buddu s/o Tika Ram, (7) Achche Lal s/o Buddu all resident of Village Kheria and (8) Dhara Singh s/o Hori Singh, resident of Salempur. It is disclosed in the F.I.R. that the 8 accused persons in the night hours of 23 -5 -1980 at about 10.00 P.M. all armed with guns reached at the tube well of the complainant located in the western side of the village and caught how of his brother Suraj Pal who was steeping there along with PW 2 -Puttu Lal, PW 3 Ram Pal, Sumer Singh, Bhumipai Singh, and Khetal Singh. The witnesses Puttu Lal, Ram Pal and others who were present there questioned the propriety of the accused persons in bodily lifting Kidnapee - Suraj Pal and when they tried to get him released from the custody, the accused retorted and fired creating panic among the witnesses. As such, the witnesses and the persons present on the spot could not succeed in getting the kidnapee released from their illegal custody. The complainant when reached the scene of occurrence after having heard the hue and cry and also the booming sound of gun, the entire story was detailed to him by the witnesses. He apprehending dangers to his brother's life at the hands of accused persons started searching for him with other family members and when he finally could not succeed he reported the matter next day (24 -5 -1980) at 5.15 p.m. at the Police Station.
(2.)IT has further come in the evidence that accused No. 1 to 7 are from the same family whereas accused No. 8 -Dhara Singh happens to be a close friend of accused Badshah. The accused - Mulaim Singh prior to the incident had filed a criminal complaint against the kidnapee -Suraj Pal and 37 others including the complainant. In that criminal case accused Rameshwar and Badshah were witnesses for the complainant. Besides this, the father of accused Badshah namely Lakhan Singh had also filed a litigation against the kidnapee Suraj Pal and others in respect of demolition of Nali. Both the cases had ended in favour of the kidnapee, the complainant (PW 1) and his family members prior to the incident. Since then the accused became more inimical against Suraj Pal and his family members. The accused persons had become sore against the kindapee and his family members right since Suraj Pat got a tube well installed in his field.
On lodging of the F.I.R. at the Police Station by the complainant Pahalwan Singh (PW 1), the case was registered by Constable Deep Singh who gave its due information to the Investigating Officer, Raghavram Mishra (PW 4). After recording the statement of Constable Deep Singh, the Investigating Officer along with Station House Officer of Police Station Kuraoli, reached the place of occurrence and recorded the statements of the witnesses. He prepared the site plan of the place of incident (Ext Ka -11) and made further inquiries from other people in the village. PW 4 made hectic search for the accused and the kidnapee on 25 -5 -1980 and 10 -6 -1980 but they could not be arrested. Thereafter, he gave a report to the Magistrate concerned about the accused having absconded and obtained their warrant of arrest and processes under Sections 82 and 83 of Cr. P.C. On 28 -6 -1980 the Investigating Officer arrested the accused -appellant Mulaim Singh but the other accused could not be apprehended. Later on, remaining accused were found to have surrendered before the Court concerned. Before the competition of the investigation, when PW 4 was transferred from that Police Station it was taken over by S.I. Jawahar Lal, who after completing the entire Investigation, submitted the charge sheet dated 8 -8 -1980 (Ext Ka -8) in the court concerned.

(3.)THE case was committed for trial to the Court of Session by the Magistrate concerned and after its registration on 6 -2 -1981, the case was transferred to the Court, of VII Addl. Sessions Judge, Mainpuri where the charges for the offence punishable under Section 364 I.P.C. were framed against all the aforesaid 8 accused persons and their trial commenced. The accused pleaded their innocence to the charges and disputed the allegation of the prosecution made against them.


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