GAJENDRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri. Samarth Sinha, for the appellant, Sri. Anil Kumar Kushwaha, A.G.A., for State of U.P.

(2.) Gajendra (the appellant) has filed this appeal, from his conviction and sentence passed by Additional Session's Judge, Court No. 11, Meerut, dated 05.09.2008, in S.T. No. 369 of 2007, State v. Gajendra (arising out of Case Crime No. 7 of 2007 , under Section 302, 201 IPC, P.S. Kharkhauda, district Meerut), convicting him under Section 302 and 201 IPC and awarding sentence of imprisonment for life along with fine of Rs. 10,000/- (ten thousand) under Section 302 IPC and five years rigorous imprisonment along with fine of Rs. 5000/- (five thousand) under Section 201 IPC. Both the sentences were to run concurrently.

(3.) On the complaint (Ex-Ka-1) of Ram Autar (PW-1), FIR (Ex-Ka-5) of Case Crime No. 7 of 2007, under Section 302, 201 IPC was registered at P.S. Kharkhauda, by Head Constable Amar Singh (PW-6) on 10.01.2007 at 13:45 hours, against Gajendra (the appellant) and his sister Samantera. It has been stated in the complaint that Sushila aged about 30 years (sister of the informant) was married to Gajendra, resident of village Kaili, PS Kharkhauda, about 9 years ago. From the said wedlock, they had three children. The accused used to demand money from his sister by way of debt. Due to not satisfying demand of money, Gajendra and his sister Samantera used to assault her. On 08.01.2007, Samantera informed him on phone that his sister Sushila was missing. Since then they were searching her. The accused murdered his sister on 08.01.2007 in evening and buried the dead body in his room digging a pit. He received information from the neighbour of the accused, in this respect on telephone, on 10.01.2007 that dead body of Sushila was lying in her inlaw's house of village Kaili. The accused have committed murder of his sister.