RAM DULAREY YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) The present criminal appeal has been filed by accused/ appellant, the sole convict against the judgment and order dated 10.03.2006 passed by Additional Sessions Judge, Court No. 1, Mau in Sessions Trial No. 111 of 2003 (State Vs. Ram Dularey and others), arising out of case crime no. 179 of 2002, under Sections 363 & 366 read with Section 34 of the Indian Penal Code, P.S. Dohari Ghat, District Mau. By the impugned judgment and order in trial against the appellant and three others, the learned lower court did held only appellant Ram Dularey Yadav to be guilty of the offence and acquitted the three others and after hearing the convict on the point of sentence, sentenced him for the offence under Sec. 363 Penal Code for seven years' rigorous imprisonment with Rs. 2000.00 and under Sec. 366 Penal Code for ten years' rigorous imprisonment with fine of Rs. 3000.00 and in Vs. default in payment of fine to further undergo six months' imprisonment. By the present appeal the appellant has prayed that his conviction is liable to be set aside and allowing the appeal he may be acquitted of the charges.

(2.) Against the impugned judgment and order with respect to the acquittal of co-accused Ram Gyan Yadav, Surendra Yadav and Smt. Subhawati Devi, criminal revision no.2218 of 2006 has also been filed by first informant Virendra Kumar Yadav seeking relief of setting aside their acquittal order and convicting them along with Ram Dularey for the offences under Sections 363 & 366 read with Sec. 34 Penal Code as well as for enhancement of sentence imposed on appellant Ram Dularey.

(3.) The FIR of this case was lodged by Virendra Kumar Yadav on 18.05.2002 at 00.10 a.m. against four persons named therein at Police Station Dohari Ghat, District Mau at case crime no.179 of 2002, under Sections 363 & 366 IPC. The averments of FIR in brief are as under:-