DEVENDRA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) As these two appeals arise out of a common judgment and order dated 30.9.2010 passed by the Special Judge/Additional Sessions Judge, Fast Track Court No.1, Saharanpur in Sessions Trial No.406 of 2006 (State v. Vijay Pal and Devendra), convicting the appellants under Sections 302/34 and 201 of IPC and sentencing them to undergo imprisonment for life and a fine of Rs.5,000/- each, in default thereof, six months further imprisonment and to undergo three years Rigorous Imprisonment, with a fine of Rs.5000/- each, in default thereof, three months imprisonment and further convicting appellant Vijay Pal under Section 3 (2) (v) of the SC and ST (Prevention of Atrocities) Act 1989 and sentencing him to undergo imprisonment for life and a fine of Rs.5,000/- in default thereof, six months further imprisonment, with a direction that all sentences shall run concurrently, they are being disposed of by this common judgement.

(2.) In the present case, name of the deceased is Som Pal. It is said that Som Pal was having illicit relation with the wife of accused Vijay Pal and to eliminate him, on 6.3.2006, the appellants committed murder of the deceased. According to prosecution case, deceased Som Pal was working as Driver to the Regional Marketing Officer in the office of Regional Food Controller. On 6.3.2006, when he was having his dinner, he received a telephonic call allegedly from accused Vijay Pal calling him for some urgent work. Leaving his food as it is, Som Pal left his house on the Government vehicle by informing his brother that he would be coming after meeting with Vijay Pal. However, he did not return on 6.3.2006 and was searched by his family members. Ultimately, a missing report (undated) was lodged, vide Ex.Ka.-1 by Mewa Ram (PW-1), brother of the deceased informing the Police that his brother is missing since 6.3.2006. On 18.3.2006, a naked dead body of the deceased was recovered from the bank of canal at District Shamli, which was allegedly identified by Sashi Bala (PW-4), i.e. wife of the deceased.

(3.) Inquest on the dead body was conducted on 18.3.2006 and the body was sent for postmortem which was conducted, vide Ex.Ka-14, on 19.03.2006 by PW-8 Dr. Ajai Kumar.