REENA SRIVASTAVA Vs. STATE OF U.P.

JUDGEMENT

(1.) These two appeals have been filed by the convicts/appellants Smt. Reena Srivastava and Ajai Prasad @ Ajai Kumar @ Dhirendra Kumar Srivastava (herein-after referred to Ajai Prasad, against the impugned judgment and order dtd. 18/11/2008 passed by Additional Sessions Judge, Court No. 4, Sultanpur in Sessions Trial No. 315 of 2005 arising out of Case Crime No. 391 of 2005 under Sec. 302/34 of the Indian Penal Code, 1860 (in short "I.P.C."), Police Station Musafirkhana, District Sultanpur, whereby convict/appellant Reena Srivastava has been held guilty for the offence punishable under Sec. 302/34 IPC and sentenced to imprisonment for life coupled with a fine of Rs.20,000.00 and in default of payment of fine a further sentence for a period of one year and convict/appellant Ajai Prasad has been held guilty under Sec. 302 IPC and sentenced to life imprisonment coupled with a fine of Rs.30,000.00 and in default of payment of fine, further sentence for a period of one year and six months.

(2.) Necessary facts for disposal of these appeals in short are as under:-

(3.) The F.I.R. was registered on 19/6/2005 at 8.20 AM. Investigation started, Panchayatnama of the body of the deceased was conducted. Body was sent for post-mortem examination and post-mortem examination was conducted on the cadaver of the deceased. During investigation, the Investigating Officer finding incriminating material against the convicts/appellants arrested them on 27/6/2005, whereafter they allegedly confessed the crime. On the same day i.e. 27/6/2005 the convict/appellant Ajai Prasad got recovered the knife, which was used for murdering the deceased and also the Vest (Baniyan), which he wore at the time of killing the deceased and on which blood spilled. The recovery of weapon of offence was made at the pointing out of the convict/appellant Ajai Prasad in the presence of the witnesses and the recovery memo of the same was prepared, which is Exhibit Ka-26. At the time of recovery of weapon the convict/appellant Ajai Prasad confessed the crime and told that this is the knife which he used to kill the deceased Vipin and he killed him by stabbing the knife in his neck and the Vest, which he wore at the time of committing murder got stained with blood of the deceased, therefore, he hid the knife and Vest at the place of recovery.