AKHLESH Vs. STATE

JUDGEMENT

(1.) Both the jail appeals have been preferred by the accused-appellants respectively against a common judgment and order dated 26.02.2011 passed by Sri P.K. Jain, Additional Sessions Judge, Court No.2, Rampur in Sessions Trial No.305 of 2009, under Sections 302 and 201, Police Station Swar, Distirct Rampur. Facts, evidence and impugned judgement under these appeals are common, therefore, both the appeals are being decided by this common judgement.

(2.) By impugned judgment dated 26.02.2011 accused-appellants i.e. Akhlesh and Ram Chandra have been convicted and sentenced under Sections 302 IPC read with 34 IPC to life imprisonment with a fine of Rs.4,000/ each-. In default of payment of fine, they will undergo further period of imprisonment of one year each. Further, accused-appellants have been convicted and sentenced under Section 201 IPC to undergo two years simple imprisonment each with a fine of Rs.1000/- each. In default of payment of fine, they will undergo further imprisonment of six months each. All the sentences will run concurrently.

(3.) Prosecution case in brief is that on 04.03.2009 at about 12 O' clock Istyaq, Nabi Ahmad PW-3, Kuwar Pal PW-2 son of informant were searching patiya of harrow of tractor in the Baag, when PW-1 Navratan Singh himself arrived there, seeing the fresh earth, leaves and pural lying in the western side of Baag (grove), it was suspected that there would be patiya, PW-1 called his servant Akhlesh (present accused-appellant) with a spade and started eradicating the soil, then Akhlesh started running away by making excuse for stomachache, who, on being forcibly inquired, confessed before PW-1, 2 and 3 and other persons present there that he and his companion Ram Chandra (co-accused-appellant) have murdered Chhotey Lal by compressing neck at about 11:00 P.M. in the last night, in connection of illegal relationship between Chhotey Lal (deceased) and Leelawati (sister of Ram Chandra-accused) and pressed corpse in the pit.