DESHRAJ Vs. STATE OF U. P.

JUDGEMENT

(1.) This appeal is by the accused appellant Deshraj @ Baba challenging the judgment and order dtd. 18/2/2017, passed by Additional District and Sessions Judge, Court No. 3, Aligarh in Sessions Trial No. 779 of 2004 (State vs. Deshraj @ Baba and others) arising out of Case Crime No. 133 of 2003, whereby the accused appellant has been convicted under Sec. 302 IPC and sentenced to life imprisonment with fine Rs.20,000.00 and in default of fine further undergo three months additional imprisonment; under Sec. 201 IPC for three years imprisonment with fine of Rs.10,000.00 and in default of fine further undergo one month additional imprisonment; and under Sec. 364 IPC for ten years imprisonment with fine Rs.10,000.00 and in default of fine further undergo one month additional imprisonment. All the sentences are to run concurrently.

(2.) It transpires that the village Chowkidar (PW-1) gave a written report, scribed by Pratap Singh (PW-2), to the police on 16/12/2003 at 10.00 AM stating that while he was going to ease himself at 08.00 AM outside the village he saw two unknown headless dead bodies in dry canal between Jaufari and Salempur Mafi and their heads were lying at a little distance and it appears that the dead bodies were brought from outside and thrown at this place. On the basis of written report First Information Report got registered as Case Crime No.133 of 2003 on 16/12/2003.

(3.) After lodging the FIR the investigation proceeded. The inquest started at 10.30 AM on 16/12/2003 and it concluded by 12.00 in the afternoon. It is found that the death is homicidal and for ascertaining the cause of death the dead bodies were sent for postmortem. The autopsy on the two unknown dead bodies was conducted next day on 17/12/2003. Injuries found on the dead bodies are as under:-