AJAI PRAKASH MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) Challenge in Criminal Appeal No. 3682 of 2008 and connected Criminal Appeal No. 2487 of 2008 is to the judgment and order dated 11.4.2008 rendered by Additional Sessions Judge (F.T.C.) Room No. 20 Allahabad in S.T. No. 1154 of 2005, State v. Ajai Prakash Mishra and Ors. whereby the learned Additional Sessions Judge recorded verdict of conviction against Appellant Ajai Prakash Mishra under Section 302 and awarded imprisonment for life attended with fine to the tune of Rs. 5000/-. However, he was acquitted of the charge under Section 201 I.P.C. On the contrary, the Government Appeal has been preferred impugning the verdict of acquittal of accused under Section 201 Indian Penal Code, 1860 The Appellant Jaya Mishra was convicted under Section 302 I.P.C. and she was punished with sentence of imprisonment for life attended with fine to the tune of Rs. 5000/-. However, she was acquitted of the charge under Section 201 I.P.C.

(2.) Since the above appeals originate from one and the same judgment, the same were heard together and are being decided by a composite judgment/order.

(3.) The author of the F.I.R. is Smt. Archana Tulsiyani wife of deceased Deepak Tulsiyani and according to the written report lodged on 25.4.2005, she alleged that at about 12.30 in the intervening night of 24th and 25th April, 2005, her husband Deepak Tulsiyani had been shot dead by the Appellants. It was further alleged that at about 10.30 p.m., Appellant Jaya Mishra made a call to her husband asking him to come over to her residence situated in Tagore town. It is further alleged that her husband was not drunk when he left the house. It is further alleged that at about 11.45 p.m. She made a call to her husband and enquired why he was getting late upon which he informed that the Appellants were insisting to drink liquor and that he would be back within 15 to 20 minutes. It is further alleged that about 12.30, she received a telephonic call from Appellant Jaya Mishra in which she called upon her to rush to her (Appellant) house as Deepak Tulsiyani had been hit by a bullet. Upon receiving this information, she rushed to the house of Appellant but there was none at the said house. Immediately thereafter, a phone call was received asking her to rush to Ojha Nursing Home. Upon reaching the said nursing home, she saw her husband drenched in blood and he had received bullet injury in his head. The F.I.R. was registered at case crime No. 69 of 2005 under Section 302 I.P.C. at P.S. George Town and investigation of the case was taken over by Sri D.D. Shukla, Station Officer, P.S. George Town Allahabad.