ASHISH KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) The present appeal arises out of the judgment and order dtd. 10/1/2013 passed by the Additional District Judge, Court No.4 Kanpur Nagar in Sessions Trial No. 823 of 2005 (State of U.P. Vs. Ashish Kumar) whereby the appellant Ashish Kumar has been convicted and sentenced under Sec. 302 IPC to life imprisonment, a fine of Rs.10,000.00 and in default of payment of fine to two months rigorous imprisonment, under Sec. 364-A IPC to life imprisonment, a fine of Rs.10,000.00 and in default of payment of fine to two months rigorous imprisonment and under Sec. 201 IPC to seven years rigorous imprisonment, a fine of Rs.3,000.00 and in default of payment of fine to one month rigorous imprisonment. The sentences have been ordered to run concurrently.

(2.) The trial court while passing the judgment impugned herein has directed that the period of incarceration of the accused will be set off against the sentence of imprisonment.

(3.) At the first instance, an application dtd. 17/3/2005 was moved by Hari Ram son of Narottam Ram before the Station House Officer, Police Station Chakeri, District Kanpur Nagar to the effect that his son Alok Kumar aged about 21 years went to give his exam at D.V.S. College on a cycle on 15/3/2005 at 0530 a.m. but has not returned. His physical appearance was given in the said application and it was requested that appropriate action be taken. The said application about the disappearance of Alok Kumar was recorded in GD No. 54 dtd. 17/3/2005 transcribed at 1930 hrs at the said Police Station. The same is marked as Exb Ka- 1 to the records.