SAUDAN; TEETU Vs. STATE OF U P

JUDGEMENT

(1.) SINCE both the aforenoted appeals arise from the same occurrence and the same judgment passed in S. T. No. 609 of 2002 in State v. Saudan alias Sonu and Ors. , by Special Judge (E. C.) Act, Ghaziabad on 30- 3-2005, they have been heard together.

(2.) ACCUSED appellants Teetu and Saudan in ST. No. 609 of 2002 were charged under Sections 302/34, 394/34, I. P. C. , 201/34 I. P. C. read with Section 411 I. P. C. They were tried by Additional Sessions Judge (Special Judge, E. C. Act), Ghaziabad, who vide judgment dated 30-3-2005 convicted them on all the counts and sentenced them to undergo a term of life imprisonment under Sections 302/34, 394/34 and to pay a fine of Rs. 2,000/- each on each count, and also to undergo a term of three years' rigorous imprisonment and to pay a fine of Rs. 500/- under Section 201, I. P. C, and to undergo a term of one year rigorous imprisonment under Section 411, I. P. C. and in default to pay the fine to undergo a term of one month and fifteen days simple imprisonment respectively, and ordered to run all the sentences concurrently. The trial Judge acquitted co-accused Vipin, who stood trial on the charge under Section 411, I. P. C, alongwith these accused appellants.

(3.) THE inquest on the dead-body was conducted by P. W. 9 S. I. R. S. Arya who sent the dead-body of Raju for post-mortem to District Hospital, Ghaziabad. THE post-mortem on the dead-body of Raju was conducted by PW. 7 Dr. A. K. Mahendru who vide report Ex. Ka-7 opined the cause of death of Raju as Asphyxia, as a result of ante-mortem injuries found over his neck.