REENA Vs. STATE

JUDGEMENT

(1.) The aforesaid criminal jail appeals have been preferred by the appellants against their conviction under Section 302/34 I.P.C. whereby they have been sentenced for life imprisonment and a fine of Rs. 10,000/- each and in default of payment of fine one year simple imprisonment in S.T. No. 463 of 2005 by the learned Additional Sessions Judge, Court No.2, Bijnor vide order dated 5.9.2006.

(2.) The report of the aforesaid incident was scribed by Shiv Charan Singh, which was registered at police station Kotwali Dehat, Nageena, district Bijnor as Case Crime No.609 of 2004, under Sections 302 and 120-B I.P.C. After lodging of the first information report the police got into motion and reached at the spot and after conducting inquest on 16.11.2004, sent the dead body to the mortuary where the post mortem was conducted (Exhibit Ka. 3). During investigation the Investigating Officer recorded the statements of the witnesses, inspected the place of occurrence and prepared the site plan (Ex. Ka.2) and after completing investigation, charge sheet was submitted against the accused/appellants. The charges were framed against the accused/appellants under Section 302 read with Section 34 I.P.C. The accused/appellants abjured their guilt and pleaded to be tried. In support of the prosecution case witnesses of facts, namely, Kresh Pal who is the father of the deceased and who lodged the first information report was examined as P.W.1. Nirmala who is mother of the deceased was examined as P.W. 2, Dal Chand who was the witness of last seen was examined as P.W.

(3.) Formal witnesses have been examined in support of the prosecution case. Dr. V.K. Shukla as P.W.4 who had conducted the post mortem of the deceased on 17.11.2004 at 2.45 P.M. proved the post mortem report Exhibit Ka. 2. Surendra Singh Rana, Sub Inspector was examined as P. W. 5 who had conducted the investigation and submitted the charge sheet against the accused/appellants. Muni Dev Yadav, Constable who has taken the dead body for post mortem along with the papers of inquest etc. was examined as P.W.6. After the examination of the formal witnesses the statement of the accused/appellants were recorded under Section 313 Cr.P.C. wherein they have stated that they have been falsely implicated in the case. The mother of the appellant Reena was informed after death of the victim on phone call. The accused/appellant Kalmi has stated that she was called after the death of Kavita by giving her a phone call. No other witness was led by them in evidence.