SUNITA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Ms. Sushma Devi, learned amicus curiae, counsel for appellant nos. 1 and 2, Sri Abhishek Kumar Srivastava, learned counsel for appellant no. 3, Sri A.N. Mulla, learned AGA for the State and perused the record.

(2.) This criminal appeal has been preferred against the judgment and order dtd. 21/8/2008 passed by the Special/Additional Sessions Judge, Court No.4, Saharanpur in Sessions Trial No. 294 of 2004, arising out of Case Crime No. 206 of 2004 (State Vs. Sunita and others), Police Station Kotwali Nagar, District Saharanpur convicting and sentencing the appellants to undergo life imprisonment under Sec. 302/34 of India Penal Code (for short ''IPC') with a fine of Rs.10,000.00 each, in default thereof, to undergo three months additional imprisonment.

(3.) The prosecution case in brief is that complainant, Om Prakash lodged the first information report on 18/4/2004 at Police Station Kotwali Nagar, District Saharanpur with the allegation that on 18/4/2004, at 07:15 am, wife of Charan Jeet @ Babbu told the informant that last night, at 11:30 pm, four persons who came from Delhi, were very well known to her husband, administered him intoxicating material, on account of which, he became unconscious. On the next morning, she found her husband dead. She also said that two days ago, two men had come to inquire about her husband. On the basis of written report, Ex.Ka.1, police registered FIR being Case Crime No. 206 of 2004, under Sec. 302 IPC against four unknown persons. During investigation, Investigating Officer prepared site plan and recorded the statements of the witnesses. After completion of investigation, Investigating Officer submitted a charge sheet, Ex.Ka.17, in the Court of Chief Judicial Magistrate, Saharanpur under Sec. 302 IPC. Cognizance of offence was taken by the Magistrate concerned. Thereafter, case was committed to the Court of Sessions for trial.