RAM NAYAN Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned Counsel for the appellant no.3, Suresh @ Suttur and learned A.G.A. for the State.

(2.) Present criminal appeal has been filed by appellant no.1-Ram Nayan, appellant no.2-Chetman, appellant no.3-Suresh @ Suttur, appellant no.4-Ram Surat and appellant no.5-Raghav Sharan against the judgment and order dtd. 30/9/2015 passed by Addl. Sessions Judge, Court no.2, Maharajganj in S.T. No.31 of 1998 (State Vs. Suresh @ Suttur and others) connected with S.T. No.40 of 2000 (State Vs. Raghav Sharan), whereby the appellants have been convicted and sentenced for life imprisonment under Sec. 302/149, for imprisonment of two years under Sec. 147 IPC and for imprisonment of three years under Sec. 201 I.P.C. Fine has also been imposed on the appellants.

(3.) A First Information Report was lodged in Case Crime No.63 of 1993 under Sec. 147, 302, 201 I.P.C., P.S.-Kotwali, District-Maharajganj against the Suresh @ Suttur, Chetman s/o Deep Narain, Ram Surat s/o Chetman, Ram Nayan s/o Chauthi Kewat, Raghav Sharan S/o Chetman. As per the prosecution story on 5/3/1993 accused Suresh @ Suttur Yadav had taken Udai Raj the son of first informant from his house and since then Udai Raj had not come back. Missing report was lodged with the police. Suresh @ Suttur Yadav was arrested and on his pointing out dead body of the deceased Udai Raj was recovered by the Police. After investigation charge-sheet was submitted by Police against appellants. However, no charge-sheet was submitted against Raghav Sharan. Initially the accused Raghav Sharan could not be arrested by Police as he was absconding after the incident. Later on when accused Raghav Sharan was arrested, a supplementary charge-sheet was filed against Raghav Sharan by the Police. Learned Magistrate thereafter vide orders dtd. 11/8/1998 and 2/8/2000 committed the case to trial before the Sessions Court. Sessions Trial No.31 of 1998 (State Vs. Suresh @ Suttur and others) and S.T. No.40 of 2000 (State Vs. Raghav Sharan) were tried together by the sessions court and all the accused-appellants were convicted and sentenced by the sessions Judge vide judgment and order dtd. 30/9/2015.