JAGDISH Vs. STATE OF U. P.

JUDGEMENT

(1.) This appeal has been preferred against the judgement and order dtd. 23/1/2013 passed by Additional Sessions Judge, Court No.1 in Session Trial No.102 of 2010 (State Vs. Jagdish and others), arising out of Case Crime No.1734 of 2009, under Sec. 302, 201, 120B IPC, Police Station- Tirva, DistrictKannauj, whereby the appellants were convicted and sentenced under Sec. 302 IPC for life imprisonment along with fine of Rs.5,000.00, under Sec. 120B IPC for 10 years imprisonment along with fine of Rs.2000.00 and under Sec. 201 IPC for 7 years simple imprisonment along with fine of Rs.2000.00.

(2.) The brief facts of the case as culled out from the record are that written report was submitted to Police Station-Tirva, District- Kannauj by informant Ram Kumar on 17/11/2009 with the averments that his brother Ram Bahadur aged about 40 years was missing since 15/11/2009. His missing report was submitted at police station on 17/11/2009. While searching, his brother-in-law Shri Ganga Ram and Feran Singh, who used to reside in the vicinity, told him that they had seen Ram Bahadar with Jagdish son of Rameshwar, Prem Chandra son of Jagdish, Raja Ram and Sarvesh on 15/11/2009, who had taken Ram Bahadur from his house. His brother Ram Bahadur and wife of Jagdish namely Desh Rani were having illicit relationship. On the basis of suspicion, the informant Ram Kumar went to the house of Jagdish along with Om Pratap, Dayanand and Babu Ram etc. In the courtyard of the house of Jagdish, they saw some digging earth. They dug the earth on that point at 3:00 pm and the body of deceased Ram Bahadur was recovered from there covered in a jute bag. The body was identified by all the people present there. It is further stated in the report that Jagdish, Prem Chandra, Raja Ram, Sarvesh, Desh Rani and Priyanka had committed the murder of Ram Bahadur and had hidden the dead body under the ground.

(3.) On the basis of aforesaid written report a Case Crime No.1734 of 2009 was registered at police station on 17/11/2009 u/s 302, 201, 120B IPC against aforesaid accused persons.