RAJJAN @ YOGESH KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Akhilesh Singh, learned counsel for the appellant and learned A.G.A. for the State. Perused the record.

(2.) This criminal appeal has been preferred against the impugned order dated 12.02.1999, passed by 3rd Additional District and Sessions Judge, Farrukhabad, in Sessions Trial No. 407 of 1987 (State vs. Rajjan and another), Case Crime No. 244 of 1984, under Sections 302 and 201 I.P.C., Police Station Chhibramau. District Farrukhabad by which the accused-appellant Rajjan @ Yogesh Kumar has been convicted and sentenced under Section 302 I.P.C. for life imprisonment along with fine of Rs. 5000/- and in default one year additional rigorous imprisonment and under Section 201 I.P.C. for five years rigorous imprisonment along with fine of Rs. 3000/- and in default six months additional rigorous imprisonment. It has further been directed that both the sentences shall run concurrently. However, in the absence of sufficient evidences, other accused Vivek Kumar was acquitted from the charges leveled under Section 302/201 IPC.

(3.) As per prosecution version from the morning of 07.07.1984 to 08.07.1984 (exact time is not known) on Saurikh Road, Police Station Chhibramau, Farrukhabad, the accused persons namely Rajjan @ Yogesh and Vivek Kumar in furtherance of their common intention, caused the death of Smt. Ram Nandini by causing stab injuries by knife. The dead body was thrown in a well so that the dead body may be destroyed and this they did in order to wash the evidence against them.