RAM SARAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) As these two appeals arise out of a common judgement and order dated 16.04.2008 passed by Additional Sessions Judge, Court No. 2, Bijnor in Sessions Trial No. 299 of 2007 connecting with Sessions Trial No. 300 of 2007, convicting the accused-appellant, Ram Saran under Sections 302/34, 364 and 201 of Penal Code and sentencing him to undergo rigorous life imprisonment and a fine of Rs. 10,000.00, in default thereof, one year simple imprisonment, ten years rigorous imprisonment and a fine of Rs. 10,000.00, in default thereof, six months additional simple imprisonment and five years rigorous imprisonment and a fine of Rs. 5,000.00, in default thereof, six months simple imprisonment, respectively and accused-appellant, Sethi @ Bablu under Sections 302/34, 201 of Penal Code and 25/4 of the Arms Act and sentencing him to undergo rigorous life imprisonment and a fine of Rs. 10000.00, in default thereof, one year simple imprisonment, five years rigorous imprisonment and a fine of Rs. 5000.00, in default thereof, six months simple imprisonment and one year rigorous imprisonment and a fine of Rs. 2000.00, in default thereof, one month additional simple imprisonment, respectively with a direction that all the sentences to run concurrently, they are being disposed of by this common judgement.

(2.) As per prosecution case, accused-appellant, Ram Saran was having intimate relation with P.W. 4, Urmila Devi, who was supposed to receive some amount from the fund of her husband, who was a Government employee. The deceased Rahul @ Pankaj was the son of P.W. 4, Urmila Devi and he was actual beneficiary of the amount to be received by his mother. To eliminate him, on 5.1.2007, the accused appellant Ram Saran took the deceased along with him on his bicycle and with the help of the other accused Sethi @ Bablu committed his murder by causing several knife injuries to him. The dead body was wrapped in a gunny bag and was thrown in a water-body. When the deceased did not return on 5.1.2007, he was searched by his mother and information was also given to P.W.1, Amar Singh, brother-in-law of Urmila Devi, who was working in a different district. P.W. 1, Amar Singh immediately rushed to his village and F.I.R., Ex. Ka-12 was lodged on 9.1.2007 against the accused Ram Saran under Sec. 364 of IPC. Dead body of the deceased was recovered on 10.1.2007.

(3.) The inquest on the dead body of the deceased was conducted on 10.1.2007 vide Ex. Ka-5 and the body was sent for postmortem which was conducted by P.W. 5, Dr. Madhur Chandra vide Ex. Ka-3.