DHARMVEER GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ashish Pandey, for the appellant and Sri Nafees Ahmad, A.G.A., for State of U.P.

(2.) Dharmveer Gupta has filed this appeal, from his conviction and sentence passed by Additional Session's Judge, Court No. 1, Farrukhabad dated 25.04.2011/03.05.2011, in S.T. No. 215 of 2001, State of U.P. Vs. Dharmveer Gupta and others [arising out of Case Crime No. 106 of 2001, under Section 302/34 of Indian Penal Code, 1860 (hereinafter referred to as the IPC), P.S. Mohammadabad, district Farrukhabad, convicting him under Section 302 read with Section 34 I.P.C. and sentencing for imprisonment for life and fine of Rs. 25000/- with default stipulation.

(3.) On the written complaint (Ex-Ka-1) of Jograj Singh (PW-1), FIR (Ex-Ka-5) of Case Crime No. 106 of 2001, under Section 302 IPC was registered on 26.04.2001 at 18:30 hours, at police station Mohammadabad, district Farrukhabad, by Head Moharrir Shyam Lal Yadav (PW-6) against unknown accused. It has been stated in the FIR that the informant was resident of village Madanpur. Smt. Saroj widow of Ram Babu Gupta was living with her two sons, Monu aged about 13 years and Neetu aged about 9 years, in her own house, in his neighbourhood. She owned a piece of land on the main road, in abadi of the village, in which she had half share and her step son had remaining half share. She and her step son Anil sold the land situated on the main road to Shyam Singh son of Subedar Singh, resident of Vairam Nagar for Rs. 45000/- through sale deed dated 20.04.2001. Prior to selling the aforesaid land, her step son Anil Kumar and her son-in-law Dharmveer Gupta used to come at her house. On 21.04.2001, Dharmveer Gupta, son-in-law of Saroj and her daughter, who was married to Dharmveer Gupta were present at her house. Thereafter, nobody was seen while coming and going to her house. Main gate of her house was locked. They were understanding that Saroj had gone somewhere in connection with her work as she often used to go out from her house. On that day, ample foul smell were coming from her house. Then the people of neighbourhood were collected, entered her house and found that the dead body of Saroj aged about 45 years was hanging with roof on a sari in front room, dead body of Monu was hanging with roof on a rope and dead body of Neetu was lying on the ground in back room. The dead bodies of all the three was completely decomposed and large quantity of foul smell was coming. A perusal of dead bodies shows that somebody had murdered them. None of her near relative was residing in the village. He did not know the addresses of Anil Gupta and Dharmveer. Legal action be taken.