SHYAM GUPTA @ SHYAMU Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Both these appeals are preferred against the judgment and order dated 22.11.2011 passed by the Sessions Judge, Udham Singh Nagar in Sessions Trial No.52 of 2008, whereby both the appellants were held guilty for the offences punishable u/s 302, 394 and 411 IPC as well as for the offence punishable u/s 4/25 of the Arms Act; were awarded life imprisonment u/s 302 IPC; awarded R.I. for a period of 7 years and fine of Rs.15,000/- each and in default in making payment of fine, to undergo additional simple imprisonment of one year u/s 394 IPC; were awarded rigorous imprisonment for a period of one-year and fine of Rs.5,000/- each and in default in making payment of fine, to undergo additional simple imprisonment for three months u/s 411 IPC; were awarded R.I. for a period of six months and fine of Rs.1,000/- each and in default in making payment of fine, to undergo one-month additional simple imprisonment u/s 4/25 of the Arms Act.

(2.) None is present for the appellant Shyam Gupta @ Shyamu, however Mr. Chandra Mauli Shah, learned Advocate, who was appointed as amicus curiae in the connected appeal filed by Sameer Joshi, is present. Mr. Shah submits that since he has prepared the appeal and the evidence against both the appellants is the same and identical, therefore, he shall address the Court on behalf of both the appellants. We appreciate the gesture shown by Mr. Chandra Mauli Shah, Advocate. Therefore, he is permitted to address this Court, as amicus curiae, on behalf of the appellant Shyam Gupta @ Shyamu as well.

(3.) Brief facts of the case, inter alia, are that on 28.11.2007 at about 8:30 PM, PW1 Digamber Gupta has handed over the written report to P.S. Kotwali Khatima, stating therein that at about 1 PM of the same day, he went to Pilibhit by car along with Dinesh Verma; at about 6:30 in the evening, he received a telephonic call from Mr. Vishwanath Goyal to the effect that his wife has been murdered; soon thereafter, PW1 suspected that his nephew Shyamu S/o Late Mr. Krishan Murari Gupta R/o Rampura, Rudrapur and his two friends, who were staying in his house for last two days, might have murdered his wife; having reached back in the house, he found the dead body of his wife laying in the house. Whereupon the Chick FIR Ex.Ka-19 was got registered as case crime No.5426 of 2007 u/s 302 IPC against both the suspects/appellants; inquest report of the dead body was prepared on the spot by S.I. K.R. Pandey, PW6; dead body was sealed; with the help of crime kit box, finger prints were collected from the spot by S.I. K.R. Pandey.