AJAY AND ORS. Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been preferred against the impugned judgment dated 24.10.2013 and order dated 25.10.2013, passed by learned Addl. District and Sessions Judge, Court No, 11, Agra in Session Trial No 1222/08 (State V Ajay and others) under Sections 302, 201, 376 and 120-B of Indian Penal Code (hereinafter referred as IPC), arising out of crime No. 246/08, PS Sadar, Agra, whereby accused-appellants Ajay and Vijay have been convicted under sections 302/34 and Section 376 of IPC and sentenced to imprisonment for life, with a fine of Rs.10,000/- and ten years rigorous imprisonment, with fine of Rs. 5000/- respectively. In default of payment of fine imposed under Section 302/34 IPC, appellants have to undergo one year additional rigorous imprisonment and in case of default of payment of fine imposed under Section 376 IPC, appellants have to undergo six months additional imprisonment. Both the sentences were directed to run currently. Co-accused Jamuna Devi was acquitted of charge u/s 120-B of IPC.

(2.) Prosecution version is that house of one Navratan Singh was being constructed in the premises adjoining to the house of complainant/PW-1 Lajjawati. On the night of 02.05.2008 at 8:00 PM, complainant's daughter Km. Manisha, aged about 9 years, was taking meal at the roof of her house and at that time, accused Ajay and Vijay were consuming liquor on the roof of under construction house of Navratan Singh. They have given a piece of ice to the complainant's daughter and she brought the same at her house, but she again went at the roof. At around 9:00 pm, complainant searched Manisha at roof, but she was not there. Accused-appellant Ajay and Vijay were also not there. While making search of deceased in and around, one Narayan Singh told the complainant that deceased Manisha was being taken away by accused Ajay and Vijay. However, despite sufficient efforts, Manisha could not be traced. On next day morning at about 6:00 am, complainant was informed that dead body of her daughter is lying in field of dairy farm. Complainant went there and saw that dead body of her daughter Manisha was lying there and that there were injuries on her body and she was bleeding at her private parts. Complainant has alleged that her daughter was molested and killed by accused Ajay and Vijay and thereafter, her dead body was concealed in the field of dairy farm.

(3.) Complainant/PW-1 Lajjawati, reported the matter to police by submitting written complaint Ex. Ka-1, and on that basis, case was registered against both the accused persons on 03.05.2008 at 8:35 AM under Section 376, 302, 201 of IPC vide FIR Ex. Ka-2.