SURESH Vs. STATE OF U. P.

JUDGEMENT

(1.) This jail appeal arises out of impugned judgment and order dtd. 27/3/2017 passed by Additional Sessions Judge/Court No. 1, Pilibhit in Sessions Trial No. 341 of 2014 arising out of Crime No. 473 of 2014 convicting the accused appellant under Sec. 302 of I.P.C. and sentencing him to undergo imprisonment for life with a fine of Rs.20,000.00, in default thereof, to further undergo six months additional imprisonment; under Sec. 201 of I.P.C. to undergo five years imprisonment with a fine of Rs.5000.00, in default thereof, to undergo two months additional imprisonment, with a direction that all the sentences shall run concurrently.

(2.) As per prosecution case, on 15/6/2014, one unknown dead body was found in a sugar-cane field and later, on the basis of clothes, the same was identified to be that of the deceased Ram Kishore. Further case of the prosecution is that on 13/6/2014, the deceased informed his family members that he would be returning on 13/6/2014. He further informed that he is in the company of the appellant. FIR was registered against the appellant under Ss. 302 and 201 of IPC.

(3.) Inquest on the dead body of the deceased was conducted, vide Ex. Ka-7/3 on 15/6/2014 and the body was sent for postmortem, which was conducted vide Ex.Ka.-5 on 15/6/2014 by Dr. Rajesh Kumar (PW-4) and the cause of death was strangulation as a result of anti mortem injuries. The following injuries have been found on the body of the deceased: