ANUJ Vs. SHRI RAM AND 2 OTHERS

JUDGEMENT

(1.) Shri Jai Pal Singh, learned counsel for the appellant, and Ms. Madhulika Yadav, learned AGA for the State, were heard at length.

(2.) Under challenge in the Instant appeal is the judgment dated 23.05.2008 and order dated 24.05.2008 passed by Additional Sessions Judge/F.T.C.-3, Lucknow, in Sessions Trial No.1252 of 2006 arising out of Case Crime No.236 of 2006, Police Station Aliganj, District Lucknow, whereby present appellant Anuj @ Teetu Pahadi was convicted for the offence under Section 302 read with Section 34 IPC and was sentenced to undergo imprisonment for life and also with fine of Rs.10,000/- with default stipulation of one year's additional rigorous imprisonment. He was further convicted for the offence under Section 201 IPC and was sentenced with seven years' rigorous imprisonment and also with fine of Rs.5,000/- with default stipulation of six months' additional rigorous imprisonment. Both the sentences were directed to run concurrently. The other accused Mukul Yadav was also of the age of the appellant and his case was separated.

(3.) In brief, the case of the prosecution was that the complainant Nawal Kishore Singh lodged a first information report at Police Station Aliganj, Lucknow, on 24.07.2006 at 01.35 hours alleging therein that his son Mahendra Pratap Singh @ Lalu aged about 15 years had gone on 21.07.2006 on cycle in Mohalla. Appellant Anuj @ Teetu, who works at the hotel of Sanjay Yadav at new Hanuman Temple, borrowed the cycle of his son and had not returned the same. On that day at about 08.00 PM the appellant, on the pretext of returning the cycle of the deceased, had taken the deceased with him. At that time he was seen by his other son Omkar Singh. Since then his son was missing. Information of missing was given by the complainant to the police. Thereafter the police and other persons of the vicinity were trying to search him out but in spite of that he could not be traced out. Appellant Anuj @ Teetu also disappeared. The deceased was last seen alive by Sachin Bhatt. On 23.07.2006 at about 11.00 PM, appellant Anuj @ Teetu was seen near new Hanuman Temple. The complainant and other persons brought the appellant to Kapurthala police outpost where SO Aliganj was also present. During interrogation, the appellant confessed his guilt that he along with Mukul Yadav has committed the murder of the deceased on 21.07.2006 in the night at about 09.00 PM in the premises of ITI Aliganj with knife and the dead body was concealed there in the bushes. Thereafter the dead body of the deceased was recovered on the pointing out of appellant and the case was registered. Memo of recovery of the dead body was also prepared. Inquest proceedings were conducted and after completing necessary formalities, the dead body was sent for postmortem which was conducted on 24.07.2006 at 12.10 PM. The duration of death was about three days old and the following ante-mortem injury was reported by the doctor:-