CHANDRA SHEKHAR Vs. STATE OF U P

JUDGEMENT

(1.) CRIMINAL Appeal No. 4639 of 2003 has been preferred by appellant Chandra Shekhar. The connected Criminal Appeal No. 4236 of 2003 has also been preferred by appellants Chandra Shekhar along -with Smt. Ramawati Devi, mother of Chandra Shekhar. Sri Kamal Kumar Singh has already appeared for the appellant Chandra Shekhar. He also filed his appearance slip in Criminal Appeal No. 4236 of 2003 today for representing Smt. Ramawati Devi. It appears that due to some mistake two appeals have been filed by Chandra Shekhar. Learned Counsel for the appellants is permitted to delete the name of Chandra Shekhar from Criminal Appeal No. 4236 of 2003. Appellant Chandra Shekhar is in jail in Criminal Appeal No. 4639 of 2003, but Smt. Ramawati Devi is on bail. As a matter of fact appellant Chandra Shekhar has been in jail during trial and he was never granted bail.

(2.) THESE appeals arise out of the judgment of the Additional Sessions Judge/Fast Track -Ist, Azamgarh in S.T. No. 111 of 2002 dated 27.8.2003. By this judgment the appellant Chandra Shekhar has been convicted for life imprisonment under section 304 -B and Smt. Ramawati Devi has been sentenced to eight years rigorous imprisonment under the same provision. Both the appellants were convicted under section 498 -A for two years rigorous imprisonment and fines of Rs. 1,000/ - each. Both the appellants were further convicted under section 3/4 D.P. Act for one year rigorous imprisonment and fines of Rs. 2,000/ -each. In case of non -payment of fine, they were to undergo three months additional simple imprisonment. The sentences were to run concurrently.

(3.) AUTOPSY on the dead body was conducted by P.W. -4 Dr. M.K. Gupta on 08.08.2001 at about 04:00 P.M. and according to him the age of the deceased was about 24 years and she had died 4 -5 days earlier.