ARCHANA SHUKLA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Dilip Kumar, learned Counsel for the appellant, learned counsel appearing for the complainant and the learned AGA.

(2.) A prayer for Bail has been made in this criminal appeal which has been filed against a judgment and order dated 26.2.2011 passed by the Sessions Judge, Au- ratya in Sessions Trial No. 50 of 2007 whereby the appellant has been convicted and sentenced to undergo life imprisonment and a fine of Rs.10,000/- with default stipulation of 1 year, for the offence under section 302 read with section 34 I.P.C.

(3.) IT is also argued that PW-1 Kanhaiya Lal and PW-2 Ram Autar have falsely stated that Archana was present at the time of incident and she was arrested on same day and was taken to the police station, as PW-6, Sobaran Singh, Investigating Officer, has stated that Archana was arrested on 24.11.2006, and the fact of her being arrested at the spot was also not mentioned by the informant in this FIR or in his statement under section 161 Cr.P.C. The FIR which was lodged in the morning of 3.11.2006 at 6.30 a.m. was delayed as admittedly the informant was given information of the incident in his home at Mohammadabad at 11.30 p.m. on 2.11.06. Some discrepancies as to whether the report was lodged at 1.30 a.m. in the night of 2/3-11- 2006 or at 6.30 a.m. on 3.11.2006 have also been raised.