OMKAR Vs. STATE OF U P

JUDGEMENT

(1.) This jail appeal under Section 383 Cr.P.C. has been filed by accused-appellant Omkar through Jail Superintendent, District Jail, Meerut against judgment dated 09.06.2011 passed by Sri Sanjay Shaker Pandey, Additional Sessions Judge, Court No.12, Meerut whereby accused-appellant Omkar has been convicted under Section 302, 394 and 411 IPC. Under Section 302 IPC he has been sentenced to life imprisonment along with fine of Rs.10,000/-; under Section 394 IPC to undergo seven years Rigorous Imprisonment (hereinafter referred to as "RI") and fine of Rs. 2,000/- and under Section 411 IPC he has been sentenced to undergo three years RI with a fine of Rs.1,000/-. All the aforesaid sentences were directed to run concurrently. In the event of default in payment of fine, he has to undergo additional imprisonment for six months under Section 302 IPC; three months under Section 394 IPC and one month under Section 411 IPC. However, he has been acquitted of the charge under Section 201 IPC. By the aforesaid judgment another co-accused Begraj @ Chamku has been sentenced to undergo three years RI and fine of Rs. 1,000/- under Section 411 IPC and he has been acquitted of the charges under Sections 302, 201 and 394 IPC. Other co-accused Rajpal was also acquitted of the offences under Sections 302, 201, 394 and 411 IPC extending benefit of doubt.

(2.) Prosecution story, in brief, is that on 23.01.2006 at about 01:25 PM, a written report Ex.Ka-1 was presented in Police Station Sardhana, District Meerut by Informant, PW-1-Sompal Singh, stating that his father and uncle Sri Shishan had gone to Jungle on 22.01.2006 to graze goat as usual but they did not return home till late night have search was made in the night but they could not be traced. On 23.01.2006 again Informant went to Jungle along with other villagers in search of his father and uncle. At about 11 A.M. they found dead bodies of Informant's father Sohan Singh and uncle Shishan Singh in Nala (drainage) along the field of Rajveer Singh. First Information Report (hereinafter referred to as "FIR") states that they were murdered.

(3.) Immediately after receipt of FIR at the Police Station, PW-9 Vinok Kumar, Head Moharrir, prepared a Chik FIR (Ex.Ka-6) at 01:25 PM under Sections 302 and 201 IPC against unknown persons. He also made entry of the crime in General Diary (hereinafter referred to as "GD"), a copy whereof has been marked as Ex.Ka-7.