PAPPU @ NANDU PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) Present jail appeal has been directed by accused-appellant Pappu @ Nandu Pandey against the judgement and order dated 11.5.2015 passed by Additional Sessions Judge, Court No.14, Meerut in Session Trial No.1395 of 2011 (State Vs. Pappu @ Nandu Pandey) under Section 302, 376 IPC, P.S. Partapur, District Meerut whereby Trial Court has convicted accused Pappu @ Nandu Pandey and sentenced him to rigorous imprisonment for ten years with fine of Rs.10,000/- under Section 376 IPC, in default of payment of fine, one years additional imprisonment; and rigorous imprisonment for life with fine of Rs. 20,000/- under Section 302 I.P.C., in default of payment of fine, two years additional imprisonment.

(2.) Factual matrix of the case as emerging from First Information Report (hereinafter referred to as "FIR") as well as material placed on record is as follows.

(3.) Pw-1, Jai Pakash submitted a written Tehrir Ex.Ka-1 on 31.10.2011 in Police Station Partapur, District Meerut stating therein that his own house was broken and it was not liveable, so his mother lived alone in the house of Sudhir (his cousin) and as usual, she slept in the night of 30.10.2011 in that house. His sister in law (Bhabhi) Smt. Kamlesh PW-2 was living in her own house and look after his mother (victim). In the morning on 31.10.2011 PW-2 Kamlesh came to see victim and saw that door was closed from inside. She tried to get it opened by giving voice but no response came from inside, so a boy was sent from the house of neighbouring Jogendra to open the door from inside. On opening door, PW-2 Kamlesh found his mother Bhagwati dead. There was a lot of bruises and blood on her face. Many people gathered on the spot. F.I.R. further recites that on 30.10.2011, PW-1 was present in the house of his Bhabhi, at about 10:00 PM. PW-1 and his nephew Yogesh, PW-3, after taking dinner, came to walk in the street towards his mother and saw that house of his mother was locked. They saw accused-appellant Pappu @ Nandu Pandey going towards roof of Jogendra from Sudhir's roof. All cloths of mother were removed from her body and she was half necked. It was suspected by PW-1 that victim was raped and murdered by accused-appellant Pappu @ Nandu Pandey.