SUNDER Vs. STATE OF U.P.

JUDGEMENT

(1.) Both these appeals arise out of impugned judgment and order dated 23.8.2016/26.8.2016 passed by Special Judge (EC Act)/Additional Sessions Judge, Ghaziabad in Sessions Trial No. 1366 of 2013 ( State v. Rahul and another ) connected with Sessions Trial No. 1367 of 2013 ( State vs. Rahul ) and Sessions Trial No. 1368 of 2013 ( State v. Sunder ), convicting both the appellants under Sections 396 , 412 , 420 , 468 and 471 of IPC and sentencing them to undergo rigorous imprisonment for life under Section 396 with a fine of Rs.20,000 each, in default thereof, to further undergo two months' additional rigorous imprisonment; rigorous imprisonment for five years under Section 412 with a fine of Rs.5000/- each, in default thereof, to further undergo one month's additional rigorous imprisonment; rigorous imprisonment for three years under Section 420 with a fine of Rs.2000/- each, in default thereof, to further undergo one month's additional rigorous imprisonment; rigorous imprisonment for two years under Section 468 with a fine of Rs.2000/- each, in default thereof, to further undergo fifteen days' additional rigorous imprisonment; and rigorous imprisonment for one year under Section 471 of IPC. Further appellant Rahul has been convicted under Section 25 / 4 of the Arms Act and sentenced for one month's rigorous imprisonment and appellant Sunder has been convicted under Section 25 of the Arms Act and sentenced for three years' rigorous imprisonment with a fine of Rs.2000/-, in default thereof, to further undergo one month's additional rigorous imprisonment. Except fine, all the sentences shall run concurrently.

(2.) As these two appeals arise out of a common judgment and order dated 23.08.2016/26.08.2016, they are being disposed of by this common order.

(3.) Brief facts of the case are that in the night intervening 21/22 December 2011, a dacoity was committed in the house of Jaikaran and Smt. Mam Chandi and some unknown persons, after committing the murder of these two persons, looted certain ornaments and cash amount of Rs.60,000/-. The accused persons, who committed the offence, had also taken the vehicle of deceased Jaikaran and while doing so, they were seen by Dharmpal (PW-2) and Balraj (PW-4). However, upon being asked, accused Rahul, who was sitting on the driver seat, informed them that they are taking the juvenile accused Sonu to the Doctor. On the next morning, i.e. 22.12.2011, when milk-man Desi @ Desiram (PW-6) entered the house of deceased Jaikaran, he found both the dead bodies. He immediately informed the said fact to Dharampal (PW-2), who was the neighbor of Jaikaran and a telephonic information was also sent to Naresh Kumar (PW-1) son of the two deceased, who was residing at Greater Noida. Immediately after coming to know the incident, Naresh Kumar (PW-1) rushed to his village and after seeing the dead bodies and coming to know the entire incident, he lodged the written report Ex.Ka.1 on 22.12.2011 at 6:40 a.m. Based on this written report, FIR Ex.Ka.4 was registered under Sections 394 , 302 of IPC against accused Rahul, Sonu (juvenile accused) and others.