MAHENDER KUMAR Vs. STATE

JUDGEMENT

(1.) Both these appeals are directed against the judgment dated 28.07.1997 and Order on Sentence dated 29.07.1997 whereby Mahender Kumar, appellant in Criminal Appeal No. 308/1997 was convicted under Section 302 of IPC read with Section 120-B thereof whereas Ramshree, appellant in Criminal Appeal No. 316/1997 was convicted under Section 120-B of IPC and were sentenced to imprisonment for life and to pay fine of ' 2000/- each or to undergo one year in default.

(2.) On 8th February 1988, at about 9:20 AM, an information was received at Police Station Trilok Puri that a dead body was lying by the side of National Highway leading towards Country Liquor Shop from Gazipur. On receipt of copy of DD, whereby this information was recorded, SI Chander Bhan reached the spot and found a dead body lying there. From the Driving License recovered from the pocket of the pant worn by the deceased, it was found that he was Om Prakash, resident of E-273, Dev Nagar. Since this was an apparent case of murder, the FIR under Section 302 of IPC was registered on the endorsement made by the Police Officer on the copy of DD. The appellant Ramshree is the wife of the deceased whereas her co-convict Mahender Kumar used to ply an auto-rickshaw owned by the deceased. The case of the prosecution is that there was an illicit relationship between the appellants, which led to a conspiracy being hatched by them for committing murder of the deceased and pursuant to that conspiracy the deceased was murdered by the appellant Mahender Kumar and his accomplices Raj Kumar and Raju who have been acquitted by the trial court.

(3.) The prosecution examined 19 witnesses in support of its case. No witness was examined in defence.