KAUSHAL KISHOR @ DABLU Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Ravindra Sharma along with Sri Gajendra Singh, for the appellants -Kaushal Kishor @ Dablu, Pujari Pasi and Vishnu Kurmi, Sri Sushil Kumar Dwivedi, for the appellant -Atar Singh and Sri O.P. Singh, Senior Advocate assisted by Sri Rakesh Chandra Upadhyay, for first informant and A.G.A., for State of U.P.

(2.) These appeals have been filed from the conviction and sentence passed by Additional Sessions Judge, Court No. 6, Kaushambi dated 03.04.2013/05.04.2013, in S.T. No. 101 of 2008, State of U.P. Vs. Pujari Pasi and others (arising out of Case Crime No. 138 of 2007, under Section 460, 120-B IPC, P.S. Manjhanpur, district Kaushambi), sentencing the appellants for ten years rigorous imprisonment with fine of Rs. 5000/- each under Section 460 IPC with default stipulation.

(3.) On the complaint of Moti Lal Singh (PW-1), Constable clerk- Roshan Lal (PW-8) registered FIR of Case Crime No. 138 of 2007, under Section 460 IPC, at P.S. Manjhanpur, district Kaushambi on 22.06.2007 at 8.00 hours against unnamed accused. It has been stated in FIR that the first informant was permanent resident of village Bhawani (Jubera), P.S. Manjhanpur, district Kaushambi. In village, he was residing along with his wife Smt. Kewali Devi. His son Santosh Kumar Singh was posted as A.R.T.O. at Muzaffarnagar. His daughter-in-law was residing at Ghaziabad. In the night of 21/22.06.2007, after taking dinner, he was sleeping, out side the house in sahan. His wife, aged about 65 years, was sleeping in inner court-yard of the house. After awaking in the morning, he was waiting for tea as usual but it had become late. In the meantime, Maharania, his domestic servant, who was calling his wife from the back side of his house but neither any response nor gate being opened, she came towards main gate and began to call his wife. Then he opened gate. On which Maharania informed that bhauji did not open gate. Then he also called from front door but no response was received. Then he asked Maharani to enter the house from roof and she went on roof. After seeing from roof, Maharania informed that bhauji was lying on the cot and her legs were tied and she was not speaking any thing. On coming to know the incident, several persons of the village came there. One boy Phool Singh son of Kedar Singh entered in to inner court-yard of house through roof and opened door from inside at about 7.00 am. Then he along with other villagers entered the house and found that his wife was lying dead. Her legs were tied through ropes. Hands were tied through sari and some portion of sari was filled in her mouth and tied it. Thereafter, he examined the rooms of his house and found that clothes kept in the box were thrown here and there. Almira was fallen down. Attempt was made to open its lock through sabbar but it was not opened. He would check about the goods and then inform about stolen goods later on. Dead body of his wife was lying on cot in same condition.