ASHOK Vs. STATE OF U P

JUDGEMENT

(1.) Present jail appeal has been directed by accused-appellant against the judgment and order dated 17.3.1998 passed by IXth Additional Sessions Judge, Ghaziabad in Session Trial No.1 of 1996 (State Vs. Ashok and Rajjan) under Section 302, 394, 411 I.P.C., P.S. Hapur, District Ghaziabad whereby Trial Court convicted accused-appellant under Sections 302, 394 I.P.C. and sentenced him to imprisonment for life under Section 302 IPC and ten years rigorous imprisonment under Section 394 I.P.C. Trial Court further convicted accused Rajjan and sentenced him to three years rigorous imprisonment under Section 411 I.P.C. but acquitted him under Section 302 I.P.C.

(2.) Brief facts giving rise to present appeal as emerging from F.I.R. and other evidence are that accused-appellant has given an oral information to Police Station Hapur that in intervening night of 8/9 September, 1995, one Ram Kumar Sharma while sleeping in shop of one Jai Prakash son of Dulichand whereas, he (informant) was sleeping outside shop, at about 1:00 a.m., four unknown miscreants committed murder of Ram Kumar Sharma by cutting his neck by weapon Khukhari like Katar. He has fully recognized assailants. On the basis of oral information, a Chik F.I.R. Ex.Ka-33 was registered as Case Crime No.560 of 1995, under Section 302 I.P.C. against four unknown miscreants and entry of case was made in general diary on the same day, copy whereof Ex.Ka-27 is on file.

(3.) On the same morning P.W.-1 Jai Prakash presented a Written Tehrir-Ex. Ka-1 getting it scribed by Ajay Kumar in Police Station Hapur stating therein that on 8.9.1995, Ram Kumar Sharma took mustard in a Tractor Trolley for selling and amount worth Rs.1,08,000/- thereof was with him, who stayed in his shop during night keeping money in almirah, get it locked when his servant Ashok Kumar was sleeping outside the room. Ex.Ka-1 recites further that at about 3.30 a.m. Ashok Kumar came to his house situated at Narayan Ganj, Hapur and told that four miscreants committed murder of Ram Kumar and took money getting it looted. He (P.W.-1) alongwith his neighbour Rajesh Sharma and two constables posted at outpost Chopal, went to his shop and saw that dead body of Ram Kumar was lying there with blood and money kept in almirah was missing and lock was found broken.