MEENA Vs. STATE OF U. P.

JUDGEMENT

(1.) Both criminal appeals emanate from the common judgment and order dated 09.06.2016 passed by learned Additional District & Sessions Judge, Court No. 2, Farrukhabad in Sessions Trial No.122 of 2014 (State Vs. Gyan Singh Shakya) and Session Trial No. 90 of 2015 (State Vs. Smt. Meena) arising out of Crime No. 1116 of 2009 under Section 302/34 IPC, Police Station & District Farrukhabad by which appellants have been convicted and sentenced under Section 302 read with Section 34 IPC with rigorous imprisonment for life and fine of Rs. 10,000/- for each, in default of payment of fine to undergo additional imprisonment for a period of ten months, therefore these appeals are heard and being decided together.

(2.) The prosecution case in brief is that Girish Chandra Dubey, r/o village Khera Guleriya, Police Station Jahanganj, District Farrukhabad, real brother of deceased Umesh Dubey is informant. Deceased was living with his sister Munni Devi in her house at Chatta Dalpat Rai, Farrukhabad. On 22/23.06.2009 at about 4 a.m. Girish Chandra Dubey got information that his brother (deceased) had been murdered. On this information, he along with his brothers Dinesh Chandra, Mahesh Chandra, Ram Vilash, Anand Mohan and Ram Datt arrived at Muhalla Adiyana where dead body of his brother Umesh Dubey was lying in the field and there was blood on a cot in the courtyard (Aagan) of one Gyan Singh Shakya near to that place. There were blood stains from Aagan to field where dead body was lying. On query he came to know that after committing murder of his brother with sharp-edged weapon, his dead body had been thrown in the field. On this, he believed that Gyan Singh Shakya, his wife and his companion have committed murder and threw the dead body in the field. In this regard, tahreer was got scribed by Anand Mohan Dubey at Kotwali, Farrukhabad on 23.06.2009 at 7.30 a.m. on the basis of which F.I.R. was lodged as crime no. 1116 of 2009 under Section 302 IPC against accused Gyan Singh Shakya and Smt. Meena (hereinafter referred to as appellants).

(3.) Investigation of the case was handed over to S.S.I. Nasir Husain who proceeded to place of occurrence.