SAROJ KUMAR TIWARI Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Sushil Kumar Dwivedi for the appellant, Sri Amit Sinha, learned A.G.A., for the State and perused the record.

(2.) This appeal is against the judgment and order dtd. 13/5/2014 passed by Sessions Judge, Kaushambi in Sessions Trial No.325 of 2003 whereby the appellant, namely, Saroj Kumar Tiwari, has been convicted under Ss. 302 and 201 I.P.C. and sentenced as follows: imprisonment for life and fine of Rs.10,000.00 coupled with a default sentence of one year additional R.I. under Sec. 302 IPC; and two years R.I. and fine of Rs.2,000.00 coupled with a default sentence of six months additional imprisonment under Sec. 201 IPC. However, co-accused, namely, Anju Tiwari and Munni Devi, were acquitted from the charge of offences punishable under Ss. 302 and 201 IPC. Introductory facts

(3.) A written report (Ex.Ka-1) was lodged by P.W.-1, a village Chowkidar, on 22/5/2000 at 11.30 hrs, at P.S. Saini, district Kaushambi, giving rise to case crime no.145 of 2000. It was alleged in the written report that PW-1 (the informant) received information from villagers, at about 10 am, that a dead body of an unknown person was noticed lying in the grove of Daya Ram Dhobi near Habbu Nagar, Dubana; when P.W.-1 went there he saw that a headless body, without clothes, was lying under a Mahua tree in that grove. The chik report (Ex.Ka-5) and G.D. entry (Ex.Ka-6) thereof was prepared by PW-6.