SUJEET Vs. STATE OF U P

JUDGEMENT

(1.) By means of this Jail Appeal, the appellant seeks to challenge the judgment dated 13.09.2013 and the order imposing sentence dated 17.09.2013 passed by the Additional District and Sessions Judge, Court No.9, Kanpur Dehat whereby the appellant-Sujeet was convicted under Sections 302 and 201 of the Indian Penal Code and awarded a sentence imposing life imprisonment and Rs.5000/- penalty in respect of the conviction under Section 302 IPC and, on his failure to pay the amount of penalty, to undergo three years additional imprisonment and in respect of his conviction under Section 201 IPC, a term of three years of rigorous imprisonment with Rs.2000/- penalty was also imposed and, in case of failure to deposit the said amount of penalty, an additional imprisonment of a term of one year was imposed. Both the aforesaid sentences were directed to run concurrently.

(2.) Heard Ms. Usha Srivastava, Amicus Curiae on behalf of the appellant and the learned Additional Government Advocate on behalf of the State.

(3.) On 12.10.2011, Shiv Shankar (PW-8) is stated to have given a written report (Exhibit Ka-16) in Thana Derapur, District Ramabai Ngar to the effect that on that date, while going to Akbarpur at 10.15 in the morning from Village-Muvai Mukta, along the 'kharanja' road near to the Highway near which the milestone on which Kanpur 62 kms. is written, below the road, a dead body of a male person was lying which is 400 mts. from Vandana Hotel towards Mungisapur. Just then employees of Vandana Hotel came, they informed that the dead body is of Anil who used to work in Umran Dhaba. The aforesaid written report was entered by the then Clerk Constable Moharir Iqbal in the General Diary at Report No.22 at 11:30 am.