RAMDEV Vs. STATE OF U. P.

JUDGEMENT

(1.) Both the criminal appeals are directed against the impugned judgment and order dtd. 7/12/2020 passed by the Additional Sessions Judge/POCSO Act, Court No.43, Shahjahanpur in Sessions Trial No. 487 of 2011 (State Vs. Laddan and Another) under Ss. 302, 201 and 120-B I.P.C. arising out of Case Crime No. 107 of 2011, Police Station-Jalalabad, District Shahjahanpur, whereby accused-appellants Ram Dev and Laddan have been convicted for the offence under Sec. 302/34 and 201 of I.P.C. and have been sentenced to rigorous imprisonment for life along with Rs.20,000.00 fine for committing the offence under Sec. 302/34 I.P.C.; in default of payment of fine to further undergo three months additional imprisonment and seven years rigorous imprisonment along with fine of Rs.10,000/-, for the offence under Sec. 201 I.P.C.; in default of payment in fine to further undergo two months additional imprisonment. All the sentences have been directed to run concurrently.

(2.) It may be noted here that under the same impugned judgment, the trial court while deciding the Sessions Trial No. 506 of 2011 (State Vs. Pintu @ Arvind & 2 Others) has acquitted the accused Pintu @ Arvind, Pankaj and Bhudhar for the offence under Sec. 120-B I.P.C.

(3.) Factual matrix of the case is that on 14th Feburary, 2011 at 11:00 a.m., Village Chowkidar, namely, Dharak reported to the Jalalabad Police Station-Jalalabad, District Shahjahanpur that a dead body of unknown person aged about 35 years was lying near the wheat field of one Anwar Shah, on the road side of his village.