SHEELA @ SUSHILA Vs. STATE OF U. P.

JUDGEMENT

(1.) Since both the accused appellants have been convicted and sentenced vide order dated 8.7.2014 passed by the Additional Sessions Judge Court No.10 Muzaffar Nagar,hence these appeals have been heard together and are being decided by a common order.

(2.) These criminal appeals have been preferred on behalf of the accused-appellants against the impugned judgment and order dated 8/9-7-2014 passed by the Additional Sessions Judge, Court No. 10 Muzaffar Nagar whereby the accused-appellants have been convicted and sentenced to serve out life imprisonment with fine of Rs. 25,000/- in Sessions Trial No. 382 of 1982 (State vs. Sheela @ Sushila and others) under Sections 302 read with section 34 IPC, Police Station Hastinapur District Meerut .In default of payment of fine, they have to undergo imprisonment for a period of three months.

(3.) The emanation of facts giving rise to the prosecution in a short conspectus is that a first information report was lodged on 22.6.1982 at about 6.20 a.m. with respect to the incident occurred at night on 21/22-6-1982 with the allegation that the complainant heard shrill and shriek of his brother's wife in the morning on 22nd June 1982 at about 5.00 a.m. Being thunder-struck and panicky the complainant, his elder brother Mahesh and other family members rushed towards the room of Ramesh where they saw the dead body of his brother Ramesh lying on the cot. The blood was oozing from his mouth.There were marks of a number of injuries on the person of Ramesh. Ramesh was done to death at any time in the night. On the basis of tip off of the complainant (Ashok Kumar Singhal), an FIR was registered against unknown persons at police station Medical District Meerut vide Case Crime No. 170 of 1982 under section 302 IPC.