BABU RAM MAURYA Vs. STATE

JUDGEMENT

(1.) This jail appeal has been preferred by the appellant, Babu Ram Maurya challenging the judgment and order dtd. 17/4/2010 passed by the Special Judge (Prevention of Corruption Act)/ Additional Sessions Judge, Bareilly passed in Sessions Trial No. 117 of 2008 (State vs. Babu Ram Maurya) under Ss. 302 and 201 I.P.C. as also in Sessions Trial No. 118 of 2008 (State Vs. Babu Ram Maurya) under Ss. 4/25 Arm Act, arising out of Crime No. 870 of 2007, Police Station-Subhash Nagar, District-Bareilly, whereby the accused-appellant has been convicted and sentenced to undergo (i) life imprisonment under Sec. 302 I.P.C. with fine of Rs.20,000.00, in default thereof, he has to further undergo two years additional imprisonment, (ii) two years rigorous imprisonment under Sec. 201 I.P.C. with fine of Rs.5,000.00, in default thereof, he has to further undergo two months additional imprisonment and (iii) one year rigorous imprisonment with fine of Rs.1,000.00 under Ss. 4/25 Arms Act, with the direction that all the sentences are to run concurrently.

(2.) We have heard Mr. Kumar Kartikay, learned Amicus Curiae on behalf of the appellant and Mrs. Archana Singh, learned A.G.A. for the State and have carefully perused the materials available on record.

(3.) Records of the present jail appeal reveal that a first information report was registered under Ss. 302/201 I.P.C. as Crime No. 868 of 2007 on 11/6/2007 at 07:15 a.m. (morning) on a written report of the Village Chaukidar, namely, Murari Lal son of Hori Lal, who had found an unknown naked body of a lady in the agricultural field of Dori Lal Kanaujiya with incised injury marks on her abdomen and private parts. Her intestine had come out and injuries were also found on her face and she was bleeding. Her bangles were broken. Seeing her condition, it appeared that she was killed elsewhere and thereafter her dead body was thrown in the fields of Dori Lal.