MANISH Vs. STATE OF U.P.

JUDGEMENT

(1.) In this cluster of four appeals, in all eight appellants Devendra A-1, Murad Ali A-2, Manish A-3,Mahesh Chandra A-4, Kali Ram A-5, Sandeep A-6,Pradeep A-7,and Mahendra A-8, have challenged the judgment of their conviction and order of sentence dated 23.11.2009 passed by Additional Sessions Judge, Court No. 9, Ghaziabad in S.T. No. 284 of 2007, State Vs. Sandeep and others, relating to P.S. Garhmukteshwar, District Ghaziabad. By the impugned judgment, learned trial Judge has convicted all the appellants herein for offences u/Ss 120-B, 302/149, 364, 201 I.P.C. and has sentenced them to life imprisonment with Rs. 10,000/- fine and in default of payment of fine to serve one year additional imprisonment for each of the two offences u/Ss 120B and 302/149 I.P.C., seven years RI with Rs. 5,000/- fine under section 364 I.P.C., the default sentence being six months additional imprisonment, four years RI with Rs. 2,000/- fine, the default sentence being three months additional imprisonment under section 201 I.P.C. with further direction that all the aforesaid sentences of each of the appellants shall run concurrently.

(2.) Precursor of the incident stated concisely, as was slated in the written / chik FIR Exts. Ka-1 and Ka-2 and later on divulged during the Sessions Trial by the fact witnesses Smt. Saroj P.W. 1, Rajiv Kumar P.W. 2, Harvir Singh P.W. 3, Mohd.Dilshad P.W.8 are that the informant Smt. Saroj wife of Brij Kishore P.W.1 is originally resident of village Bachhlauta, her native village, but later on she came to reside in village Keshopur Sathla district Bulandshahar. She had two sons Rajiv Kumar P.W. 2 and Sanjai and a daughter Smt. Seema (deceased) who was married to the appellant Sandeep A-6 S/o appellant Mahendra A-8 and brother of appellant Pradeep A-7. Informant's house in village Bachhlauta was trespassed/ illegally grabbed by Lallu, Dhanattar and Pradeep. An eviction suit was filed by the informant to reclaim possession of her aforesaid house, which was pending in Hapur Court, district Ghaziabad. On family front, marital relationships between the spouses Sandeep A-6 and deceased Seema ran riot so much so that husband A-6 had filed a divorce suit against Seema. Seema at her end firstly filed an application u/s 156(3) Cr.P.C. being application No. 25 of 2004 (paper No. 85 Ga) and later on also lodged criminal case No. 25 of 2004, Seema vs. Sandeep, u/s 498-A I.P.C. and D.P. Act, in the Court of A.C.J.M., Hapur(Paper No. 86 Ga, 87 Ga and 88 Ga).

(3.) In this hostile backdrop it is alleged that on 5.4.2006, informant Smt. Saroj accompanied with deceased and her son Rajiv Kumar P.W.2 had gone to Hapur court to attend civil litigation regarding Bachhlauta house. Outside court campus they spotted a white Ambassador Car DDQ 902 and two motor cycles parked close by. A-3,A-6,A-7&A-8 were sitting inside the car having a dialogue with outside standing accused appellants A-1,A-2,A-4 and A-5. In the court premises informant met appellant husband Sandeep A-6, along with Lallu and Amit, who told her to settle the dispute. Informant therefore permitted deceased Seema to accompany A-6 to have compromise talks. During this period PW2 went away to a chemist shop to purchase some medicines. Seema went away to have such a conversation and P.W.1 remained in the Court veranda waiting for her return. Seema however did not return after a long gap of time on which,PW1&2 vainly searched for her and they both then went to the police station where they met only a gate keeper as other police personnel were on duty in Chaiti Adhey festival. P.W. 1 and P.W.2 then returned to their village Keshopur Sathla and again unsuccessfully searched for Seema. Their efforts to contact her on her mobile phone No. 9411230893, in the evening, was also in vain although P.W.2 over heard on phone sound of a moving car and a person saying to pull up the window and car door and shut the mouth of Seema. Same day at again 8 p.m. PW 1&2 went again to the police station but at that time also only gate keeper was present and no police personnel met them but they had given a written report at the police station regarding missing of Seema. Following day when informant and PW2 had gone to the police station they found police personnel reading a NEWS paper, who informed them that a woman corpse has been discovered in Hiranpur jungle. On contacting police of Garhmukteshwar on phone by the police of P.S. Hapur, it was informed that the cadaver of the woman was already dispatched to the District Head Quarter at Ghaziabad. Informant, accompanied with her husband and son came to Ghaziabad mortuary where they identified recovered corpse to be of that of their daughter Seema. Postmortem on her cadaver was conducted and thereafter the body was cremated by the informant and her relatives. Subsequent to all this that a typed report Ext. Ka-1 was got prepared by the informant Smt. Saroj P.W.1 and carrying it informant came to P.S. Garhmukteshwar where she lodged her report on 7.4.2006 at 8.30 P.M. as crime no. 115 of 2006, under sections 364, 302, 201, 120-B I.P.C.