DINESH Vs. STATE

JUDGEMENT

(1.) This appeal under Section 374(2) of Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") has been presented by convict appellant Dinesh @ Shiv Narain Lodh through Senior Superintendent, Central Jail, Naini, Allahabad under Section 383 of Cr.P.C. against judgment and order of conviction and sentence dated 06.02.2008 passed by Sri Mahesh Chandra Sharma, Additional Sessions Judge/Special Judge, Scheduled Caste and Tribe (Prevention of Atrocities) Act, Fatehpur passed in Special Sessions Trial No.44 of 2004 (State of Uttar Pradesh Vs. Dinesh @ Shiv Narain Lodh) arising out of Case Crime No.80/04 under Section 302/201 of Indian Penal Code, 1860 (hereinafter termed as "IPC") read with Section 3(2)(v) of the Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 (hereinafter termed as "S.C./S.T. Act") Police Station Kalyanpur, District Fatehpur, whereby appellant Dinesh @ Shiv Narain Lodh has been convicted and sentenced with life imprisonment and fine of Rs.2,000/- and in default two years' additional imprisonment for an offence punishable under Section 302 of IPC; three years' rigorous imprisonment with fine of Rs.1,000/- and in default six months' additional imprisonment under Section 201 of IPC; and life imprisonment with a fine of Rs.2,000/- for offence punishable under Section 3(2)(v) of S.C./S.T. Act and in default two years' additional imprisonment with a direction for concurrent running of sentences.

(2.) Heard Ms. Seema Pandey, learned Amicus Curiae, for the appellant, Sri Ratan Singh, learned A.G.A. for State of U.P. and perused the record.

(3.) In brief, record of Trial Court reveals that First Information Report (hereinafter termed as "FIR") Exhibit Ka-1 under the scribe of Indra Pal son of late Pathwari, resident of Village Pilkhini, Police Station Kalyanpur, District Fatehpur with signature of informant Ram Nath son of late Pathwari resident of Village Pilkhini, as above, dated 28.8.2004 was submitted at Police Station Kalyanpur of District Fatehpur on 28.8.2004 at 16:00 hours against Pyare Lal, Jai Ram, Pathwari with this contention that informant's elder son Arun Kumar @ Badkau, aged about 18 years had gone for being at ease in the morning of 28.8.2004 but did not turn up till 11 A.M. Women of home searched him and they gave information to informant at Malawan that Badkau had not turned up to home. Informant alongwith his family members searched him when Raj Kumar Nai and his son Ramu apprised at about 2 P.M. that in the morning at 7 a.m. they have seen Arun going towards Paritala Haar near Minor Irrigation Canal for being at ease. Dinesh Kumar, brother-in-law of Ram Kumar Lodhi residing at same village, was following him. Upon this information, informant alongwith his family members went towards Paritala in search of his son Arun Kumar and found dead body of him lying near Minor Canal under "Gaandar Grass" (Weed). His throat was cut. Informant was having no enmity of any of his village-men except Pyare Lal, Jairam and Pathwari, resident of same village, with whom some cases were pending and it was suspected that those persons under assistance of Dinesh Kumar may get Arun murdered, because six months back, Pathwari had outraged informant's daughter Sangeeta, aged about 11 years, but he kept silent because of family prestige. Dead body was lying on spot and this report for taking legal recourse.