YOGESH @ MULI Vs. STATE

JUDGEMENT

(1.) Since common questions of law and facts are involved in the above titled appeals, hence the same are being taken up together and adjudicated by this common judgment.

(2.) These appeals are directed against the judgment and order dated 27.07.2017, rendered by learned IV Additional Sessions Judge, Haridwar in Sessions Trial No.278 of 2011, whereby the appellants were charged with and tried for the offences under Section 302 and 120-B IPC. The appellants were convicted and sentenced to undergo rigorous life imprisonment and to pay of fine of Rs.50,000/- each under Section 302 IPC and in default of payment of fine to undergo additional two years' rigorous imprisonment. The appellants were further convicted and sentenced to undergo rigorous life imprisonment and to pay a fine of Rs.50,000/- each under Section 120-B IPC and in default of payment of fine to undergo additional two years' rigorous imprisonment. All the sentences were ordered to run concurrently.

(3.) The case of the prosecution, in a nutshell, is that on 204.2011 at about 8:50 PM, Vinod Prasad Gairola has filed a report to the effect that on 21.04.2011 at about 09:35 PM, husband and wife have stayed in the hotel. The wife has produced her ID. They were allotted Room No.20 When waiter went to served them tea, the door was locked. They started peeping in the room. The person who stayed with the lady has died. Prakash Sharma, father of the deceased, also lodged the report to the effect that on 24.04.2011 telephonic call was received in Bhag Singh's STD. One female has given information that Sudhir Pandit was found murdered in Himalaya Hotel, Haridwar. He sought further information. His nephew got the information from the internet. The news item had appeared in daily edition of Dainik Jagran newspaper that a boy was killed. He along with the nephew Vinit Kumar Sharma, Rishi Kumar Sharma and Dev Dutt Sharma came to Haridwar. He recognized the photographs of his son. His son had stayed with the appellant-Sudha Sharma. She killed his son in the intervening night of 22-204.2011. On 20.04.2011 at about 11:00 PM, his son had gone to sleep with his family. His son received call from the appellantYogesh. He tried to hear the conversation. He heard the names of Yogesh @ Muli and Sudha from the mouth of his son. On 21.04.2011, his son asked for Rs.5,000/- from him to see his sister. He gave him Rs.5,000/-. His son, instead of visiting his sister, went to Haridwar with appellantSudha Sharma. The FIR was registered. The dead body was sent for postmortem examination. The postmortem examination was conducted by PW6 Ved Prakash Maurya. The matter was investigated and the challan was put up after completing all the codal formalities.