SIANAND Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) These appeals are directed against the judgment and order dated 28/29/9/2018 rendered by the learned Sessions Judge, Haridwar, in Sessions Trial No. 60/2013 convicting the accused appellants for the offences under Ss. 323/34, 504, 506, 364, 302, 201 IPC. Each one of the appellants has been sentenced to undergo one year's imprisonment for the offence under Sec. 323/34 IPC, 6 months' imprisonment for the offence under Sec. 504 IPC, 6 months' imprisonment for the offence under Sec. 506 IPC, 5 years' imprisonment and a fine of Rs.15,000.00 each for the offence under Sec. 364 IPC, imprisonment for life and to pay a fine of Rs.25,000.00 each for the offence under Sec. 302 IPC and two years' imprisonment and to pay a fine of Rs.5000.00 each for the offence under Sec. 302 IPC.

(2.) Being aggrieved by and dissatisfied with the judgment aforesaid, the appellant, Sianand (hereinafter referred to as 'A1') preferred Criminal Jail Appeal No. 45/2018 and, the convict appellant, Lukka alias Lokesh alias Luvkush (hereinafter referred to as 'A2') preferred the Criminal Jail Appeal Number 2/2019. Since both these appeals are directed against the same judgment and order, these appeals are being decided by this common judgment and order.

(3.) The factual background of the case is that, at 5 : 20 PM on 23/9/2012, Bati (PW3) lodged a report stating that she along with her husband A1 was living in a rented house in village Sarai. Her husband was an alcoholic person and he used to assault her more often than not. In the intervening night of 19/20/9/2012 at about 1 AM, A2 came at her house and he gave some money to A1 and asked him to let his wife (complainant) sleep with him. A1 asked the complainant to sleep with A2, but the complainant refused to do so. Then A1 abused and assaulted her. The complainant was rescued by Mulki and Rani, who were neighbours of the complainant. Mulki told that he will complain about the duo to the landlord. Then A1 and A2 snatched Simran, a two years' old daughter of the complainant and A1, and left the house. When A1 returned after 2-3 hours, the complainant asked him about Simran. On this, A1 again assaulted the complainant and thereafter he fell asleep. Being frightened, the complainant did not tell about this to anyone. On the next day, A1 forcefully ousted the complainant from the house and sent her to her parental house in village Teliwala. Complainant did not lodge the report as she was ill. On 22/9/2012, she received information that the dead body of her daughter was lying in a field situated at some distance from her house. Then she returned and identified her daughter. The complainant alleged that she was sure that A1 and A2 killed Simran (hereinafter referred to as 'deceased') in the intervening night of 19/20/9/2012 and hid her dead body in a sugarcane field.