SUDHANSHU Vs. STATE OF U.P.

JUDGEMENT

(1.) Both the appeals arise out of the same Sessions Trial and have been decided by a common judgment and as such they have been heard together and are being decided by a common judgment.

(2.) Present jail appeals have been filed against the judgment and order dated 15/18.1.2013 passed in S.T. No. 811 of 2011 (State Vs. Sudhanshu and others), crime no. 390 of 2011, Police Station Sector 20, NOIDA, district Gautam Budh Nagar whereby the appellants Sudhanshu, Poonam and one Reeta (non appellant) have been convicted for the offence under Sections 365, 326, 344, 307 read with Section 34 IPC and appellant Sudhanshu separately for the offence under Section 376 (2) (Cha) IPC. Appellant Sudhanshu has been sentenced for the offence under Section 376 (2) (Cha) IPC for imprisonment of life till death and a fine of Rs. 50,000/-. In default of payment of fine to undergo one year additional rigorous imprisonment and appellants i.e. Sudhanshu and Smt. Poonam and one Reeta (non appellant) were sentenced for the offence under Section 365 IPC for seven years' rigorous imprisonment and fine of Rs. 10,000/-; for the offence under Section 326 IPC for ten years' rigorous imprisonment and fine of Rs. 15,000/-; for the offence under Section 344 IPC for three years' rigorous imprisonment and fine of Rs. 2,000/- and also for the offence under Section 307 read with Section 34 IPC for 10 years' rigorous imprisonment and fine of Rs. 15,000/- and in default in payment of fine accused were directed to undergo one year's additional rigorous imprisonment. All the sentences were directed to run concurrently. Half of the fine imposed upon the appellants were directed to be paid to the victim.

(3.) Prosecution story as unfolded in the missing report (F.I.R.) and recovery memo, in nutshell, are as under :