MUKESH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Rajesh Kumar Singh, Amicus Curiae for the State and Sri Pawan Kumar Shukla, learned A.G.A. appearing for the State and perused the record.

(2.) This jail appeal has been preferred against the judgment and order dated 9.11.2016 passed by the Additional District and Session Judge, Court No.13, Ghaziabad in S.T. No. 656 of 2014 (State vs. Mukesh) whereby the accused-appellant has been convicted under section 302 IPC and has been awarded punishment for life imprisonment, fine of Rs.5000/- and in default of payment of fine, two months additional simple imprisonment; under section 201 IPC three years rigorous imprisonment, fine of Rs.1000/- and in default of payment of fine, one month additional imprisonment and both the the sentences are directed to run concurrently.

(3.) In brief, the facts of the prosecution as narrated in the FIR are that Mukesh son of Ram Prasad (accused) gave a written report at the police station Loni, District Ghaziabad stating therein that his brother Sunil (deceased) son of Ram Prasad Pandit resident of Krishna Vihar Kuti Bhopura was living on rent and was working in Shahadra Factory which was involved in manufacturing of brass grinder. He had some dispute of money with his brother-in-law Pankaj son of Sarjoo Pandit resident of Babu Rampur, P.S. Belhar, District Banka, (Bihar) and in view of that he had given a threat to kill about two months back. On 23.12.2013, his brother had gone by his cycle to his factory at about 9.00 a.m. from his house but did not return and he kept making search for him whole night. Today, he received information that dead body of his brother was lying in the jungle behind April Park who had been murdered by Pankaj by sharp edged weapon and with a view to concealing the dead body had thrown it at the aforesaid place in a pit.