RAJNEESH YADAV Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) These two Criminal Appeals are directed against the judgment and sentence dated 20.10.2012 passed by learned Ist Additional Sessions Judge, Rishikesh, District Dehradun in Sessions Trial No.45 of 2005, State vs. Sudhir and others, whereby the trial court has convicted both the accused/appellants under Section 302 read with Section 34 IPC and sentenced each of them to imprisonment for life and directed to pay a fine of Rs.5,000/-. The accused/appellants have been further convicted under Section 394 read with Section 34 IPC and sentenced to rigorous imprisonment for a period of seven years and directed to pay a fine of Rs.3,000/-. The accused/appellants have also been convicted under Section 411 IPC and sentenced each of them to rigorous imprisonment for a period of two years. The sentences are to run concurrently.

(2.) The case of the prosecution is that an information has been given by the informant-Avinash Kumar Vashisth S/o Late Ram Rakha Sharma, R/o Village Pratit Nagar, Police Station Raiwala, District Dehradun, PW-2 to the Station Officer of Police Station, Raiwala, District Dehradun through his Tehrir dated 24.10.2004, Ext.Ka.6, that her sister Km. Magan Kumari, daughter of late Ram Rakha Sharma is residing in Raiwala market. She went to "Char Dham Yatra"?, on 17.10.2004. The deceased known as Baba, an old person originally from Nepal, was residing in the house of Magan Kumari, who was in her service. Baba was staying alone in the house of Magan Kumari when she went to the Char Dham Yatra. One Gopal S/o Banarasi informed him today i.e. 24.10.2004, on phone, that the door of the house of Magan Kumari is open and Baba is not visible. The informant went to the house of Magan Kumari at 04.00 p.m. and saw that the door was open, the articles of the house and dead body of Baba were lying on the floor.

(3.) The case reached the Sessions Court on 30.05.2005, after committal proceedings.